F.A.T. 358 of 2017
C.A.N. 8116 of 2017
C.A.N. 11800 of 2017
Smt. Jhuma Chatterjee
Mr. Kamalesh Bhattacharjee …… For the Appellant.
Mr. Tapas Kumar Dey
Ms. S. Mondal
Ms. R. Dey ……. For the Respondent.
This is an appeal of the wife from the judgement
and decree dated 6th June, 2017 passed in M.A.T. 449 of
2012 before the District Judge, Barasat and subsequently
renumbered as M.A.T. 175 of 2012 before the Additional
District Judge, Barasat.
By this decree the marriage between the parties
has been dissolved on the ground of desertion and
The wife is before us as appellant. She does not
want to leave the matrimonial house and wants
reconciliation. On the other hand the husband does not
want to any reconciliation. He says that his wife has
deserted him for twelve years. This is denied by the wife.
In such a situation, this is a fit case where the
appeal should be heard out after staying the operation of
the impugned judgement and decree dated 6th June,
2017. We order accordingly.
Call for the lower court records to be
transmitted by this Court by special messenger at the
cost of the appellant by 12th March, 2018.
Let informal paper books be filed by the
appellant in this Court by 29th March, 2018.
We dispense with the formality of service of the
notice of appeal.
The stay application (C.A.N. 11800 of 2017) is
There is also a connected application for interim
maintenance under Section 36 of the Special Marriage
Act, 1956(C.A.N. 8116 of 2017). Further to the order of
the learned Court below the respondent has been paying
maintenance at the rate of Rs.2,000/- p.m. till the decree
of the trial court. Thereafter they have not paid any
From July, 2017 till December, 2017 the rate of
alimony shall be at the rate fixed by the learned trial
judge, at the rate of Rs,2,000/- p.m.
Considering the facts and circumstances of the
case, the respondent will pay alimony at the new rate
Rs.3,000/-, ad hoc from 1st January, 2018 by the seventh
of each month, in advance.
The arrear alimony should be positively paid in
three installments and added to the current alimony. The
first of such installments should be paid from March,
This application for maintenance pendente lite
C.A.N. 2116 of 2017 is disposed of with liberty to the
appellant to take out a fresh application if there is a
change in circumstances.
As affidavits were not invited to the stay petition
and the application for maintenance pendente lite the
allegation contained in those petitions are deemed not be
( I.P. Mukerji, J.)
(Md. Mumtaz Khan, J.)