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Keya Ghosh vs Avijit Ghosh on 1 July, 2019

1

1.07.2019
32.
Asr

FAT 520 of 2017
With
CAN 9672 of 2017
With
CAN 9673 of 2017
Keya Ghosh
Versus
Avijit Ghosh

Mrs. Shaswati Chaudhury
…..for the appellant
Mr. Subhashis Saha
…..for the respondent

This appeal, filed within time, from a judgement and decree of the Court

below dated 28th June, 2017 granting a decree of divorce, is admitted. The

wife appeals to this Court.

There is a statutory bar against remarriage. We pass an order of

injunction, restraining the parties from remarrying during the pendency of this

appeal.

We are told that by an order under Section 125 of the Criminal

Procedure Code passed in the year 2003, the respondent was directed to pay

to his wife Rs. 500/- (rupees five hundred) per month.

Learned counsel for the appellant submits that the respondent is

flouting this order.

The Court below granted maintenance pendente lite at the rate of Rs.

2,000/- (rupees two thousand) per month in favour of the appellant but since

it was interim maintenance, it stopped on passing of the decree.
2

Considering the above facts, the inflationary trends and the needs of

the appellant we direct alimony pendente lite to be paid at the rate of Rs.

2,250/- (rupees two thousand two hundred fifty) per month from July, 2019,

by the 15th of the month, by money order.

If any amount under Section 125 is actually paid by the husband, that

amount may be deducted from sum of Rs. 2,250/- (rupees two thousand two

hundred fifty).

The appeal is expedited.

As the respondent is represented by learned counsel, issuance and

service of the notice of appeal are dispensed with.

Call for the lower Court records to be transmitted to this court by a

Special Messenger at the cost of the appellant by 31st July, 2019.

Let informal paper books be filed by the Advocate on record for the

appellant by 26th August, 2019, serving one copy thereof on the respondent’s

Advocate on record at least seven days before the date of hearing.

List the appeal for hearing on 11th September, 2019.

The applications (CAN 9672 of 2017 and CAN 9673 of 2017) are

disposed of by this order.

( I. P. Mukerji,J.)

(Md. Nizamuddin,J.)

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