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2016 Supreme(Cal) 775

SOUMEN SEN
Soummopriyo Chakrabarti – Appellant
Versus
Twinkle Chakrabarty – Respondent


Advocates Appeared:
For the Petitioner: Mr. Probal Kumar Mukherjee, Mr. Suhrid Sur
For the Respondent: Mr. S.P. Mukherjee, Ms. Debabeena Mukherjee

JUDGMENT :

Soumen Sen, J.

The husband and wife both dissatisfied with the order dated November 27, 2014 for different reasons filed two revisional applications challenging the said order passed by the Additional District Judge, 6th Court at Alipore in Misc. Case No. 45 of 2009 arising out of Matrimonial Suit No. 172 of 2009.

2. The said impugned order was passed in a proceeding initiated by the wife under Section 36 of the Special Marriage Act.

3. While the husband would contend that the trial court could not have directed payment of alimony with effect from the date of filing of the application i.e. August 8, 2009. The wife would contend that the amount determined by the trial court is insufficient and not commensurate with the income of the husband.

4. Before entering into the legality and correctness of the order impugned, it is necessary to consider the scope, ambit and width of Section 36 of the Special Marriage Act, 1954 which is reproduced hereinbelow:-

“36. Alimony pendente lite. – Where in any proceeding under Chapter V or Chapter VI it appears to the district Court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, i





















































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