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Lina Sapui vs Pradip Kumar Sapui on 26 September, 2019

1

03 26.09.19

F.A.T. 366 of 2018
+
CAN 360 of 2019

Lina Sapui
Vs.
Pradip Kumar Sapui

Mr. Rwitendra Banerjee
Mr. Shibasis Chatterjee .. For the Appellant.

Mr. Kalyan Banerjee … For the Respondent/Husband.

Re: CAN 360 of 2019

By an order dated 22nd March, 2009 passed by

the learned criminal court in a proceeding under Section

125 of the Criminal Procedure Code, the respondent was

directed to pay Rs.3,000/- per month as maintenance

amount to the appellant wife.

In the court below before passing of the

judgement and decree dated 4th June, 2018 the Court

directed payment of Rs.5,000/- per month as alimony

S.D.

pendente lite with the condition that the appellant was to

receive the higher of the above two amounts in

compliance of both the aforesaid orders.

Accordingly, upto the date of the decree dated
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4th June, 2018, the appellant was receiving Rs. 5,000/-

per month.

The application (CAN 360 of 2019) has been

made in this appeal for alimony pendente lite.

Considering the fact that Rs.5,000/- per month

was received by the appellant under the said order of the

court by consent of the parties, the rate of inflation, rise

in the cost of living etc. we direct that the appellant be

paid by the respondent Rs.7,000/- per month as

maintenance pendente lite from October, 2019 in

advance payable by the seventh of each month till the

disposal of the appeal or until further orders, whichever is

earlier.

We regret to note that the order dated 22nd

April, 2019 for getting the appeal ready for some reasons

or the other has not been complied with.

Therefore, each of the time lines mentioned in

the said order dated 22nd April, 2019 is extended by six

month from that date. For example if the paper book was

directed to be filed by 24th June, 2019 it should be filed

by 24th December, 2019.

List the appeal for hearing on 15th January,

2020.

3

The application (CAN 360 of 2019) is disposed

of.

(I.P. Mukerji, J.)

(Md. Nizamuddin, J.)

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