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Judgments of Supreme Court of India and High Courts

Sri Snehasis Ghosh vs Smt. Rekha Ghosh on 2 July, 2019

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02.07.2019
Sl.No. 03
Ct.No.18
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE

FAT 257 of 2016
With
CAN 1392 of 2017

Sri Snehasis Ghosh
Vs.
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
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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

record.

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.
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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
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was Rs. 5000/-. The appellant husband paid an additional

amount of Rs. 4000/- towards house rent to the respondent

wife.

We direct that the same amount shall continue to be paid

from July, 2019 till further orders to be passed by the court

below.

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

disposed of.

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. )
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( Md. Nizamuddin,J. )

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