Q: Discuss the citation of Smt. Chandana Guha Roy vs Goutam Guha Roy on 26 September, 2003 for maintenance of wife ?

Ans: Accoding to the citation of Smt. Chandana Guha Roy vs Goutam Guha Roy on 26 September, 2003 , the revisional application has been made challenging the Order No. 21 dated 4-2-2002 passed by the learned Addl. District Judge, 5th Court, Alipore in Misc. Case No. 5 of 2001 arising out of MAT Suit No. 54/2000. The husband/O.P. filed a Matrimonial Suit being MAT Suit No. 54/ 2000 praying for divorce. The petitioner got married with the respondent and the marriage was solemnised according to Hindu Rites and Customs on 9-4-1998. The petitioner alleged that she was sent to have parental home by the husband-respondent on 26-7-2000 and the petitioner had to depend on her father. The petitioner did not pay the single farthing to the petitioner even if when she became ill, her medical expenses were not also borne by the husband. According to the petitioner, she was tortured when she was in the matrimonial home and ultimately when the petitioner was forced to go to her parental house the respondent did not pay or did not look after the petitioner and as such the petitioner had to pass her days with great financial hardship. In such a circumstance the petitioner filed an application under Section 24 of the Hindu Marriage Act, 1955 claiming alimony pendente lite and the said petition filed in the said Matrimonial Suit was numbered as Misc. Case No. 5/ 2001. The petitioner also stated that she has also filed an application under Section 125 of the Cr.P.C. before the Chief Judicial Magistrate. Barasat which is still pending. According to the petitioner, the husband-respondent is a diploma-holder in Mechanical Engineering (L.M.E.) and he is an employee of Garrison Engineering Company Pvt. Ltd. and he earns Rs. 10,000/- per month. The petitioner claimed alimony pendente lite to the tune of Rs. 3000/- per month. The husband-respondent has also filed an application for maintenance against the wife claiming that the wife is a graduate and out of private tuition she earns Rs. 5000/- per month and the husband has claimed maintenance of Rs. 2000/- per month from the wife. The husband-respondent filed objection before the trial Court to the application for maintenance filed by the petitioner under Section 24 of the Hindu Marriage Act. In the said objection the husband-respondent submitted that he was the store-in-charge of Garrison Engineering Company. The petitioner-wife filed a criminal case before Maniktala Police Station and the respondent-husband was arrested in connection with the said criminal case and when he came out on bail his service was terminated and since then he is unemployed and moving like a vagabond. The respondent-husband also filed an application for maintenance claiming alimony to the tune of Rs. 2000/- per month and alleging that since the wife-petitioner is earning Rs. 5000/- per month out of private coaching, he is entitled to get maintenance. After hearing the wife-petitioner and the husband-O.P. before the trial Court, the learned Trial Judge rejected both the petitions -- one filed by the petitioner-wife and the other filed by the husband-respondent.

Conclusion: Since the trial court rejected the petition of both husband and wife because the husband who was incapable of earning for his livelihood and was demanding alimony from wife . Thus, it can also be considered in right to equality under Article 14 which is a fundamental right according to constitution of India and the husband can not be entitled to provide maintenance to earning wife if his lifestyle is not good enough and he has more liabilities.