F.A.T. 366 of 2018
CAN 360 of 2019
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
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
4th June, 2018, the appellant was receiving Rs. 5,000/-
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
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,
The application (CAN 360 of 2019) is disposed
(I.P. Mukerji, J.)
(Md. Nizamuddin, J.)