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(Soumyadip Das vs Smt. Sunita Das) on 3 December, 2019




C.O. 2841 of 2019
(Soumyadip Das Vs. Smt. Sunita Das)

Ms. Sibangi Chattopadhyay
Ms. Debamita Mondal
……For the petitioner

The learned advocate appearing for the

husband/petitioner has made out a legal question as to

whether a wife who has willfully left the husband without

showing reasonable excuse to stay apart can be entitled to

maintenance pendente lite.

Thus, I entertain and admit this petition under SectionArticle

227 of the Constitution of India and direct that the petitioner

will serve the opposite party a copy of this application.

Failing such service, a copy shall be served on the learned

advocate for the opposite party in the learned Court below.

The petitioner shall file an affidavit-of-service before the

Court on the next date fixed.

Meanwhile, there shall be stay of operation of the

impugned order dated July 19, 2019 passed the learned

Additional District Judge (Redesignated), Bankura in Jmisc.

Case No. 26 of 2019 (arising out of Matrimonial Suit No. 36

of 2019) including payment of Rs.15,000/- and payment of a

sum of Rs.3,000/- per month in addition to the sum of

Rs.6,000/- already directed to be paid by the petitioner by

the competent criminal Court.

This order shall be in force for a period of 4 (four)

months from date or until further orders, whichever is


The matter shall appear before the Court having

appropriate determination in the monthly list of January,


(Protik Prakash Banerjee, J.)

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