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Smt. Mridula Naskar vs Sri Kamal Kanti Naskar on 10 July, 2018

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20 10.07.18
F.A.T. 116 of 2018

Smt. Mridula Naskar
Vs.
Sri Kamal Kanti Naskar

Mr. Swoumak Bera … For the Appellant.

Re: C.A.N. 1975 of 2018

This is an appeal from a decree of the court

below dated 21st December, 2017 decreeing the suit of the

husband for dissolution of marriage by divorce.

The wife is before us in appeal.

The appeal has been filed within time.

An affidavit-of-service is on record.

None appears for the respondent.

We dispose of the stay application (C.A.N. 1975

of 2018) by restraining the parties from contracting a new

marriage during the pendency of the appeal.

Re: C.A.N. 1973 of 2018

S.D.

This is an application claiming maintenance

pendente lite.

The wife was getting Rs.3,500/- p.m. from the
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court below under Section 24 of the Hindu Marriage Act,

1955 as maintenance pendente lite. This has stopped

after pronouncement of the decree of divorce on 21st

December, 2017.

An affidavit-of-service is on record.

None appears for the respondent husband.

Considering all factors including inflation, the

need of the wife and the income of the husband at

Rs.25,000/- p.m and the immovable properties owned by

him, we increase the maintenance amount from

Rs.3,500/- to Rs.5,000/- p.m. at the present moment,

with liberty for further enhancement.

The application (C.A.N. 1973 of 2018) is

accordingly disposed of.

The amount of maintenance will be paid from

July, 2018 to be paid by 20th July, 2018 for July, 2018

and by the seventh of each succeeding month. The

maintenance amount shall be payable in advance.

We also expedite the appeal.

Since the respondent is not appearing let the

notice of appeal be issued and served upon the

respondent by 30th July, 2018.

Call for the lower court records by special
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messenger at the cost of the appellant. The said records

are to be transmitted to this Court positively by 10th

August, 2018.

The requisites be put in by the advocate-on-

record for the appellant for this purpose within ten days

from date.

The appellant will prepare informal paper books

and file the same in the Department by 10th September,

2018, serving at least two copies of the paper book on the

appellant at least seven days before the date of hearing of

the appeal.

All other formalities regarding preparation of the

paper book are dispensed with.

Let the appeal be set down for hearing on 18th September,

2018.

(I.P. Mukerji,J.)

(Amrita Sinha, J.)
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