The amount of maintenance to be awarded under Section 36 of the Special Marriage Act should be determined considering the income of the husband, the expenses of the wife, and the status of the parties.

Prasenjit Mandal, J.

These two revisional applications have arisen out of the same Order No.67 dated July 2, 2010 passed by the learned Additional District Judge, 4th Court, Alipore in Misc. Case No.15 of 2010 thereby disposing of an application under Section 36 of the Special Marriage Act. The wife has filed the C.O. No.2554 of 2010 and the husband has filed the other C.O. No.3102 of 2010 against the same order. For convenience, I am discussing the C.O. No.2554 of 2010.

C.O. No.2554 of 2010.:

2. The husband/opposite party herein instituted a suit being Matrimonial Suit No.75 of 2005 for dissolution of marriage by decree of divorce. The wife is contesting the said suit. She filed an application under Section 36 of the Special Marriage Act claiming alimony for herself and her son. That application was registered as Misc. Case No.15 of 2010 and by the impugned order, the application has been disposed of directing the husband to pay a monthly maintenance at the rate of Rs.15,000/- per month for the petitioner and her minor son and a litigation cost of Rs.50,000/-. Being aggrieved by that order, this application has been preferred by the wife.

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

4. Upon hearing the learned counsel for the parties and on going through the materials on record, I find that admittedly, the parties were married according to the provisions of the Special Marriage Act, 1954 in 2000 and one child was born in the wedlock. The said child is minor and is a student. The wife and the child are residing separately from the opposite party (husband of the petitioner) and the husband is staying at Bangalore for gains. Admittedly, the husband is an employee of the Siemens Information Systems Ltd. and the wife is earning at the rate of Rs.10,000/- per month as retainer. There is no dispute that the said son is admitted to St. Xavier’s Collegiate School Primary Section, Kolkata and the petitioner has to pay Rs.7,000/- per month for the educational expenses. There is no dispute that the husband earns Rs.1,35,000/- and odd per month from his service. It is contended by the husband that he has to maintain his widow mother residing at Pursurah, West Bengal. The husband has also contended that after deduction under the compulsory heads, he is getting about Rs.70,000/- per month. Further, he and other members of his family are bound to contest the criminal case under Section 498 A of the C.P.C. lodged by his wife at Alipore Court and for that reason, he has to attend the Alipore Court from Bangalore. For that he has to incur heavy expenses as litigation costs and transport charges. It is also contended that he has been paying L.I.C. premium and medical insurance premium for the benefit of the wife and son also from his net income. He has to repay the home loan also. In these regards, I do not find any strong denial on the part of the wife. The husband is bound to meet such expenses from his net income. Therefore, I am to consider whether the alimony has granted by the learned Trial Judge is enough for maintenance of the two including the educational cost of the minor son under the above circumstances.

5. Now, after deduction of the educational expenses for the child out of the alimony of Rs.15,000/- per month (being received for the time being) the petitioner is left with Rs.8,000/- only. She has income of Rs.10,000/- per month of her own from her service. But she has contended that the amount Rs.18,000/- is not enough for her. She is supposed to maintain the similar status to that of her husband while living separately. So, with the remaining amount, that is, Rs.18,000/- in all, it is difficult for the wife to maintain the same status of her husband with such meagre amount. In that situation, for giving proper education to the child and enough food and lodging to the petitioner and her son, keeping in mind the status of the husband, I am of the view that she requires some more money from the husb