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08.07.2019
34.
Asr
FAT 448 of 2018
With
CAN 3365 of 2019
Sri Partha Sarathi Ghosh
Versus
Smt. Sarbani Ghosh
In this application for maintenance pendente lite, we are shown an
order dated 19th November, 2018 passed by a Division Bench of this court
on an application for anticipatory bail made by the husband (CRM 7248 of
2018).
While allowing the application the Court recorded the “fair stand” of
appellant (petitioner before that Court) of having paid Rs. 15,00,000/-
(rupees fifteen lakhs) to the respondent/wife and undertaking to create a
fixed deposit of Rs. 34,00,000/- (rupees thirty four lakhs) with a bank.
It is common ground that this deposit has been created.
What we understand on perusal of this order is that the appellant
took a positive step for maintaining his wife by paying Rs. 15,00,000/-
(rupees fifteen lakhs) and evinced a positive intention of creating a security
for her for Rs. 34,00,000/-(rupees thirty four lakhs).
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We are further told that in another proceeding the
appellant/husband is paying Rs. 6000/- (rupees six thousand) per month
to the wife.
Furthermore, the wife did not claim any maintenance pendente lite in
the Court below.
Taking all these circumstances into account we dispose of this
application by directing the appellant/husband to pay Rs. 10,000/- (rupees
ten thousand) per month until further orders to the respondent
commencing from July 2019 and payable by the 15th of each month. The
amount for July may be paid by 31st July, 2019.
Furthermore, the appellant/husband will pay, as an interim measure
Rs. 40,000/- (rupees forty thousand) to his wife as litigation cost in two
installments, Rs. 20,000/- (rupees twenty thousand) is to be paid by 31st
August, 2019 and the remaining Rs. 20,000/- (rupees twenty thousand) to
be paid by 31st October, 2019.
The final cost of litigation will be determined at the time of hearing of
the appeal.
We expedite the appeal.
It is submitted by the appellant that the paper books have filed.
The department will make available the paper books to the Advocate
on record for the respondent by 19th July, 2019.
List the appeal for hearing as a “Short Hearing” matter on 30th July,
2019 within the first five matters.
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This application (CAN 3365 of 2019) is accordingly disposed of.
( I. P. Mukerji,J.)
(Md. Nizamuddin,J.))
