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Judgments of Supreme Court of India and High Courts

Smt. Anamika Bose Nee Naskar vs Rana Bose @ Bhola Bose on 11 January, 2019


Sl.No. 10

FA 124 of 2016

Smt. Anamika Bose nee Naskar
Rana Bose @ Bhola Bose

Mr. Dipanjan Kundu
… for the appellant/wife/
opposite party
Mr. Rohit Banerjee
Mr. Dip Chanda
…for the applicant/

Re: CPAN 1795 of 2016
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.

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,


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.

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. )

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