The amount of alimony pendente lite to be awarded should be determined considering the status of the parties, their needs, and the capacity of the husband to pay, having regard to the reasonable expenses for the maintenance of the wife and the child.

Prasenjit Mandal, J.

1. These two applications are at the instance of the husband and they have arisen out of the same matrimonial suit. Accordingly, they are disposed of by this common judgment.

2. For convenience, C.O. No.3266 of 2011 is taken up first.

C.O. No.3266 of 2011:-

3. Challenge is to the Order No.88 dated June 10, 2011 passed by the learned Additional District Judge, 7th Court, Alipore in Misc. Case No.20 of 2005 arising out of the Matrimonial Suit No.17 of 2004.

4. The petitioner filed a suit being Matrimonial Suit No.17 of 2004 for dissolution of marriage against the opposite party on the ground of cruelty. The wife / opposite party herein is contesting the said suit and she filed an application under Section 24 of the Hindu Marriage Act, 1955 against the petitioner praying for maintenance pendente lite at the rate of Rs.10,000/-per month and a litigation costs of Rs.25,000/-. The petitioner filed a written objection against the said application. Both the parties have adduced evidence in support of their respective contentions and upon analysis of evidence on record, the learned Trial Judge granted alimony pendente lite at the rate of Rs.6,000/-per month and a litigation costs of Rs.15,000/-. The said alimony will include the order of maintenance to the tune of Rs.1,500/-per month as awarded on an application under Section 125 of the Cr.P.C. filed by the wife. Being aggrieved by such orders, this application has been filed by the husband.

5. Now, the question is whether the impugned order should be sustained.

6. Upon hearing the learned Advocates for the parties and on going through the materials on record, I find that the wife / opposite party has examined three witnesses in support of her contention. The husband has also examined himself as D.W.1 stating, inter alia, that the wife has income from car business and tuition. On the other hand, he is a casual worker of a concern and he earns a nominal amount of income only. So, the application should be dismissed.

7. Upon analysis of the evidence, the learned Trial Judge has observed that the wife has no income of her own and that at present she is depending on her younger brother as her parents are now dead. The evidence of the wife is corroborated by her own brother.

8. So far as the business of the wife on car as alleged, I find from the evidence on record that the learned Trial Judge has rightly observed that the wife has no business as alleged. The brother of the wife has deposed that one car was purchased by him in the name of the wife / opposite party herein, but after marriage, the said car was gifted to him and the statement of the wife / opposite party herein has been corroborated by his brother. Since, no other evidence contrary to this, I am of the view that the learned Trial Judge has rightly observed that the wife has no income from the so called business as alleged.

9. So far as income from tuition is concerned, the learned Trial Judge has observed that it is difficult to believe that a newly married wife goes out of the house from her matrimonial home at 8/8:30 a.m. and returns at 1:30 p.m. and then she goes out of her house at about 3:00 p.m. and comes back at 9:00 p.m. The wife has denied such contention.

10. Therefore, upon analysis of the evidence on record, the learned Trial Judge has rightly held that the wife has no income of her own. I find that the said findings do not suffer from any perversity.

11. So far as income of the husband is concerned, I find that the husband has claimed that he is a casual worker.

12. Mr. Arindam Banerjee, learned Advocate for the petitioner, has submitted that the husband has filed the salary slip and from such salary slip the net income of the husband appears to be Rs.9,744/. According to him, this paper was marked exhibit and thus, it appears so from the materials on record. However, if the said paper is perused, the gross earnings of the husband appears to be Rs.16,648/-and he makes deposit towards