The main legal point established in the judgment is that the determination of alimony pendente lite and interim maintenance should consider the net disposable income of the earning spouse, voluntary deductions, and the status and station of the husband. The court also recognized the potential for subsequent events to warrant an enhancement of alimony pendente lite.

1. This revisional application, at the instance of the respondent wife in the matrimonial suit, is directed against the order dated March 31, 2015 passed by the learned Additional District Judge, 5th Court, Alipore in Misc. Case No. 9 of 2011 arising out of Mat Suit No. 54 of 2011. By the impugned order, the learned Court below disposed of the application filed by the present petitioner under Section 24 of the Hindu Marriage Act, 1955 (in short “the Act of 1955”) by directing the opposite party husband to pay Rs.14,000/-, per month to the petitioner for alimony pendente lite and Rs.10,000/- for support of the minor girl. The learned Court below further directed the opposite party to pay Rs.15,000/- to the present petitioner for the litigation cost.

2. Shorn of details, the facts leading up to the present revisional application are that in the year 1991 the petitioner and the opposite party was married, but since no child was born out of their wedlock, they adopted a girl child. However, due to matrimonial discord having arisen between the parties, the petitioner and the minor daughter are living separately from the opposite party. The opposite party husband filed the matrimonial suit under Section 13(1)(ia) of the Act of 1955 against the petitioner, before the learned Court below, claiming a decree for dissolution of marriage. Before filing of the matrimonial suit, the present petitioner had filed an application under Section 125 of the Criminal Procedure Code, 1973. In the said application, the learned Judicial Magistrate, 4th Court at Barrackpore on June 04, 2011 passed an order directing the opposite party to pay Rs.12,000/-, per month to the present petitioner on account of her maintenance and Rs.8,000/-, per month for the maintenance of the minor daughter. The opposite party challenged the said order dated June 04, 2011 by filing a criminal revisional application before the learned Additional District and Sessions Judge, Fast Track Court, Barrackpore, North 24-Parganas which was dismissed on July 03, 2012. The opposite party challenged the said order dated July 03, 2012 in criminal revision before this Court and the same was also rejected by a learned Single Judge of this Court on June 03, 2014. In the meantime, on February 21, 2011 the petitioner filed the application in the matrimonial suit, under Section 24 of the Act of 1955, praying for monthly alimony pendent lite of Rs.40,000/- for herself, monthly interim maintenance of Rs.10,000/- for her adopted daughter and Rs.40,000/- towards litigation cost. In the said application, the petitioner alleged that the opposite party is working in a high post in the Central Government Undertaking, his monthly salary is around Rs.1,00,000/- and that the opposite party has no liability as his mother maintains herself with the wealth left behind by her deceased husband. The opposite party contested the said application. In his affidavit-in-opposition the opposite party stated that he is employed in Central Glass and Ceramic Research Institute under the Council of Scientific and Industrial Research, Government of India and after statutory deduction and other expenses, he is getting monthly salary of Rs.66,000/-. The opposite party further alleged that he has been paying the life insurance premium of Rs.11,500/-, per month for the two policies standing in the name of the petitioner and the said amount is deducted from his salary. In the said application the petitioner, as well as the opposite party examined themselves. The opposite party exhibited his pay slip for the month of July, 2014 (Ext.-1) disclosing that he was working as a Senior Principal Scientist of Central Glass and Ceramic Research Institute, Kolkata, his gross monthly salary was Rs.1,64,210/- and after deduction of income-tax, professional tax, life insurance premium and co-operative charges, he was receiving the net salary of Rs.76,220/-, per month. By order dated March 31, 2015 the learned Court below disposed