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11.01.2019
Sl.No. 10
Ct.No.18
aa
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FA 124 of 2016
Smt. Anamika Bose nee Naskar
Vs.
Rana Bose @ Bhola Bose
Mr. Dipanjan Kundu
… for the appellant/wife/
opposite party
Mr. Rohit Banerjee
Mr. Dip Chanda
…for the applicant/
contemnor/husband
Re: CPAN 1795 of 2016
And
CAN 9263 of 2018
Learned counsel for the applicant/husband submits that
since passing of the order for maintenance pendente lite by this
court at the rate of Rs. 10,000/- per month on 11th February,
2014, his client’s income has undergone a steep-decline.
According to the latest income tax return for the assessment
year 2018 – 2019 the taxable income of the applicant/husband
is about Rs. 2 lakhs only.
Learned counsel for the opposite party /wife submits that
the arrear of unpaid alimony is more than Rs. 3 lakhs. The
statement of the applicant/husband should not be believed and
that he has a substantial source of his income.
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At this point of time, it is not possible for this court to come
to a positive finding with regard to the income of the
applicant/husband. The question of alimony will be decided at
the time of hearing of the appeal.
Considering the prima facie case of the parties and the fact
that the respondent has paid Rs. 75,000/- in December, 2018
as payment of pendente lite alimony ad hoc, he is directed to
make a further payment of Rs. 25,000/- ad hoc towards the
same purpose by 15th January, 2019 and another Rs. 25,000/-
by 15th February, 2019.
We expedite the hearing of the appeal.
We are told that the paper books have already been
prepared and filed in this court by the respondent/applicant.
Let a copy of the paper book be served on the advocate on
record for the appellant.
List this appeal for hearing fairly at the top on 7th February,
2019.
The contempt application (CPAN 1795 of 2016) is hereby
disposed of.
The application CAN 9263 of 2018 is also disposed of with
liberty to incorporate the papers of the application in a
supplementary paper book to be used in the appeal for the
purpose of determination of alimony.
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Urgent certified photo copy of this order, if applied for, be
given to the parties upon compliance of all requisite formalities.
( I. P. Mukerji,J. )
( Amrita Sinha,J. )
