The quantum of alimony pendente lite is determined by considering various factors such as the wife's independent income, the husband's income, the standard of living of the parties, and the needs of the child.

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, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such as having regard to the husband’s income, it may seem to the Court to be reasonable:

[Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.]”

5. The said expression “maintenance” and “support” has fallen for consideration in Rajesh Burman Vs. Mitul Chatterjee (Burman) reported in 2009(1) SCC 398. The Hon’ble Supreme Court in the said decision considered Sections 36 and 37 of the Special Marriage Act and upon examination of the said two expressions “maintenance” and “support” it was held as follows:-

“25. Reading the scheme of the Act, it is clear that a wife is entitled to “maintenance and support”. In our considered opinion, the learned counsel for the respondent wife is right in submitting that the two terms “maintenance” and “support” are comprehensive in nature and of wide amplitude.

26. The term “maintenance” is defined in Black’s Law Dictionary (6th Edn., pp.953-54) thus:-

“…The furnishing by one person to another, for his or her support, of the means of living, or food, clothing, shelter, etc. particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child, or husband and wife.”

Likewise, the word “support” as defined in the said dictionary (p.1439) reads as under:-

“That which furnishes a livelihood; a source or means of living; subsistence, sustenance, maintenance, or living. In a broad sense the term includes all such means of living as would enable one to live in the degree of comfort, suitable and become to his station of life. It is said to include anything requisite of housing, feeding, clothing, health, proper recreation, vacation, traveling expense, or other proper cognate purposes; also, proper care, nursing, and medical attendance in sickness, and suitable burial at death.”

27. The courts below also considered some of the decisions cited before them. In Pradeep Kumar Kapoor v. Shailja Kapoor reported in AIR 1989 Del 10, the High Court of Delhi interpreted “maintenance” and “support” under Section 24 of the Hindu Marriage Act, 1955 and observed: (AIR pp.12-13 para 9)

“9. Under Section 24 of the Act, the Court has to see if the applicant who may either be wife or husband has no independent income sufficient for her or his support and the necessary expenses of the proceeding, and then award expenses of the proceeding and such sum every month, having regard to the applicant’s own income and the income of the respond