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Dipanwita Mishra vs Arup Ratan Mishra on 12 March, 2020

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12.03.2020
21
Ct. No. 11
AKD

F.A.T. 368 of 2019
With
C.A.N. 8634 of 2019
With
C.A.N. 8665 of 2019

Dipanwita Mishra
-vs-
Arup Ratan Mishra

Mr. Rabindra Nath Mahato,
Mr. Aritra Shankar Ray
… for the Appellant

Mr. Bhaskar Prosad Banerjee,
Mr. Parashar Baidya
… for the Respondent

Re : C.A.N. 8634 of 2019

Heard at length.

The appellant has filed the present appeal being aggrieved by and dissatisfied with the

judgement and decree dated 10th June, 2019 passed by Shri Subrata Chandra Polle, learned

Additional District Judge, Special Court at Midnapore (West) in Matrimonial Suit No. 796 of 2007.

Mr. Mahato, learned Advocate appearing for the appellant-wife, submits that the learned

Judge erred in law by passing a decree of divorce in favour of the respondent-husband without

considering the appellant’s evidence as well as the written statement. It is further submitted by

Mr. Mahato that only Rs. 5,200/- per month has been granted by the learned Judge towards the

maintenance but the learned Judge failed to consider that the wife-appellant is an unemployed

lady. Therefore, to maintain herself, she requires at least Rs. 10,000/- per month.

The submission of Mahato is vehemently opposed by Mr. Banerjee, learned Advocate for

the respondent/husband/decree-holder.

Mr. Banerjee submits that the respondent-husband has already retired from his service

on 28th February, 2019. Unfortunately, till date he has not received any pensionary benefits as

well as the regular pension. Therefore, it is not possible for the respondent-husband to pay Rs.

10,000/- per month towards maintenance pendente lite to the appellant-wife. It is also

submitted by Mr. Banerjee that the respondent-husband is maintaining their three children. Out

of three, one is still minor.

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Considering the submissions, as advanced by the learned Advocates for the parties and

after perusing the records, in our considered view, the appellant-wife cannot maintain herself

with the meagre amount of Rs. 5,200/-. Therefore, in our considered opinion, the maintenance

pendente lite should be enhanced from Rs. 5,200/- per month to Rs. 7,000/- per month.

Accordingly, the husband-respondent is directed to pay Rs. 7,000/- per month towards

the maintenance pendente lite to the appellant-wife with effect from September, 2019.

Accordingly, the application being C.A.N. 8634 of 2019 is disposed of.

Re : C.A.N. 8665 of 2019

In respect of the application being C.A.N. 8665 of 2019, the stay of

operation of the impugned judgement and decree dated 10th June, 2019 will

continue till the disposal of the appeal.

The application being C.A.N. 8665 of 2019 is, thus, disposed of.

Re : F.A.T. 368 of 2019

The respondent-husband is directed to deposit the special messenger cost for bringing the

lower court records by 27th March, 2020. After receiving the lower court records, department is

directed to inform the learned Advocate for the respondent-husband to inspect the same. After

being informed the learned Advocate for the respondent-husband is directed to prepare the

requisite number of informal paper books within four weeks thereafter.

Since the respondent-husband has already entered his appearance, therefore, notice of

appeal upon the respondent-husband is dispensed with.

Liberty to mention.

( Samapti Chatterjee, J.)

( Manojit Mandal, J. )
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