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Smt. Soma Saha vs Ranatish Saha on 19 July, 2018

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09 19.07.18
F.A.T. 171 of 2018

Smt. Soma Saha
Vs.
Ranatish 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

time.

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.

S.D.

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
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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

directions:

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

amount.

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.

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The application (C.A.N. 3762 of 2018) is

disposed of.

(I.P. Mukerji,J.)

(Amrita Sinha, J.)

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