Ct. No. 11
F.A.T. 368 of 2019
C.A.N. 8634 of 2019
C.A.N. 8665 of 2019
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
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.
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. )