F.A.T. 171 of 2018
Smt. Soma Saha
Mr. Haradhan Banerjee
Mr. S.K. Mallick
Ms. S. Das … For the Appellant.
Mr. Supriya Das
Mr. S. Hossain … For the Respondent.
Re: C.A.N. 3761 of 2018
C.A.N. 3762 of 2018
The wife appeals to this Court from an order of
the court below dated 27th February, 2018 granting
dissolution of marriage by divorce. The appeal is within
We allow the routine application (C.A.N. 3761 of
2018) by restraining the parties from remarrying during
the pendency of the appeal.
The other application (C.A.N. 3762 of 2018) is
for maintenance pendente lite under Section 24 of the
Hindu Marriage Act, 1955.
The respondent/husband alleges infidelity
against the appellant/wife. He accuses her of adultery
and other unchaste conduct. He even goes to the extent of
denying the paternity of the daughter born during the
subsistence of the marriage.
Mr. Hossain learned counsel for the appellant
argues that the appellant is not entitled to any
maintenance at all. These factual questions have to be
gone into upon filing of the affidavits.
Let affidavits be exchanged in the application
(C.A.N. 3762 of 2018) according to the following
Affidavit-in-opposition by 6th August, 2018.
List this application on 22nd August, 2018.
Affidavit-in-reply may be filed in the mean time.
There is enough authority for the view that even
an unchaste wife is entitled to some maintenance
Bearing this in mind and the submission made
by Mr. Haradhan Banerjee learned counsel appearing for
the appellant that his client’s income is Rs.8,00,000/-
p.m., (which is disputed by Mr. Hussain), we direct the
respondent/husband to pay to the appellant wife
Rs.10,000/- p.m. as alimony pendente lite from August,
2018 payable in advance by the seventh of each month till
the disposal of the appeal.
The application (C.A.N. 3762 of 2018) is
(Amrita Sinha, J.)