IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
FAT 257 of 2016
CAN 1392 of 2017
Sri Snehasis Ghosh
Smt. Rekha Ghosh
Mr. Aniruddha Chatterjee
Mr. Arunava Ganguly
…for the appellant husband
Mr. Ankit Agarwala
Ms. Alotriya Mukherjee
Mr. Soham Banerjee
…for the respondent wife
An application (CAN 1392 of 2017) under Section 24 of the
Hindu Marriage Act, 1955 for alimony pendente lite has been
filed before this court but not listed. The same is treated as on
the day’s list.
There are many infirmities in the judgment and decree
dated 27th May, 2016 in the Matrimonial Suit No. 925 of 2014
(Sri Snehasis Ghosh Vs. Smt. Rekha Ghosh) passed by the
Additional District Judge, Chinsurah, Hooghly under appeal
before this court.
First of all, the issues framed at internal pages 3 to 4 of the
said judgment and order do not reflect the real disputes between
the parties. The principal grounds were mental and physical
cruelty inflicted by the respondent wife and desertion by her.
This allegation and the defence to it or counter allegation do
not find any reflection in the issues framed.
The parties adduced detailed evidence. Regrettably, the
learned judge has discussed the legal premises in detail but has
not analysed the evidence at all. The findings that he has
reached are not based on evidence or arguments, which were on
He has dismissed the suit.
On no ground we can support this judgment and decree.
We set aside the said judgment and decree dated 27th May, 2016
and remand the suit to the court below for a fresh trial from the
argument stage on the basis of the pleadings and evidence
already before it.
While hearing the appeal it appears from the submission
made by both learned counsel that the marriage has broken
down irretrievably with no chance of reconciliation. The couple
has not been able to live together for many years and there is
absolutely no chance that they will ever be reunited. There is a
possibility that they may agree that the marriage should be
dissolved by mutual consent.
In those circumstances, we keep that option open.
The parties will be at liberty to present a joint petition in
the court below, in the aforesaid suit for seeking dissolution of
the marriage by a divorce on mutual consent within six weeks
from the date of availability of a certified copy of this order.
The court below will treat that application as one under
Section 13B of the Hindu Marriage Act, 1955. It will be stated
in the said application and taken by the learned judge to be true
that the parties have been living separately for one year prior to
filing of the said application.
Upon the said application being filed the learned judge will
pronounce a decree by mutual consent after following the rest of
the procedure under Section 13B of the said Act.
The learned judge is also empowered to grant limited
extension of time to the parties to file the application. If no
application is filed, within a specified time or the extended time
the court below will proceed to hear out the suit on remand.
The learned judge is requested to dispose of the suit and
pronounce a decree within six months of expiry of time to file
the 13B application, if no such application has been filed.
We are told by that to an order passed by the court below
the parties were sharing the expenses of the son born through
the marriage. The son at this point of time has attained
majority. At the time of the decree, the contribution per party
was Rs. 5000/-. The appellant husband paid an additional
amount of Rs. 4000/- towards house rent to the respondent
We direct that the same amount shall continue to be paid
from July, 2019 till further orders to be passed by the court
Considering the fact that the appellant was paying to the
respondent Rs. 5000/- per month upto the date of the decree in
the court below, in addition to house rent and that this Section
24 application was filed on or about 14th February, 2017, about
one and half years ago, we direct that the appellant pays to the
respondent a lump sum amount of Rs. 60,000/- for the period
between filing of the Section 24 application and this date as
arrear maintenance pendente lite to be paid in 3 equal quarterly
instalments of Rs. 20,000/- each between August, 2019 and
July, 2020 by the 7th of the month.
This appeal (FAT 257 of 2016) and the connected
application for alimony pendente lite (CAN 1392 of 2017) are
Urgent certified photo copy of this order, if applied for, be
given to the parties upon compliance of all requisite formalities.
( I. P. Mukerji,J. )
( Md. Nizamuddin,J. )