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Smt. Jhuma Chatterjee vs Arnab Chattterjee on 13 February, 2018

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9 13.2.18
F.A.T. 358 of 2017
+
C.A.N. 8116 of 2017
+
C.A.N. 11800 of 2017

Smt. Jhuma Chatterjee
Vs.
Arnab Chattterjee

Mr. Kamalesh Bhattacharjee …… For the Appellant.

Mr. Tapas Kumar Dey
Ms. S. Mondal
Ms. R. Dey ……. For the Respondent.

This is an appeal of the wife from the judgement

and decree dated 6th June, 2017 passed in M.A.T. 449 of

2012 before the District Judge, Barasat and subsequently

renumbered as M.A.T. 175 of 2012 before the Additional

District Judge, Barasat.

By this decree the marriage between the parties

has been dissolved on the ground of desertion and

cruelty.

S.D.

The wife is before us as appellant. She does not

want to leave the matrimonial house and wants

reconciliation. On the other hand the husband does not

want to any reconciliation. He says that his wife has
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deserted him for twelve years. This is denied by the wife.

In such a situation, this is a fit case where the

appeal should be heard out after staying the operation of

the impugned judgement and decree dated 6th June,

2017. We order accordingly.

Call for the lower court records to be

transmitted by this Court by special messenger at the

cost of the appellant by 12th March, 2018.

Let informal paper books be filed by the

appellant in this Court by 29th March, 2018.

We dispense with the formality of service of the

notice of appeal.

The stay application (C.A.N. 11800 of 2017) is

disposed of.

There is also a connected application for interim

maintenance under Section 36 of the Special Marriage

Act, 1956(C.A.N. 8116 of 2017). Further to the order of

the learned Court below the respondent has been paying

maintenance at the rate of Rs.2,000/- p.m. till the decree

of the trial court. Thereafter they have not paid any

amount.

From July, 2017 till December, 2017 the rate of

alimony shall be at the rate fixed by the learned trial
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judge, at the rate of Rs,2,000/- p.m.

Considering the facts and circumstances of the

case, the respondent will pay alimony at the new rate

Rs.3,000/-, ad hoc from 1st January, 2018 by the seventh

of each month, in advance.

The arrear alimony should be positively paid in

three installments and added to the current alimony. The

first of such installments should be paid from March,

2018.

This application for maintenance pendente lite

C.A.N. 2116 of 2017 is disposed of with liberty to the

appellant to take out a fresh application if there is a

change in circumstances.

As affidavits were not invited to the stay petition

and the application for maintenance pendente lite the

allegation contained in those petitions are deemed not be

admitted.

( I.P. Mukerji, J.)

(Md. Mumtaz Khan, J.)
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