Smt. Jhumpa Banerjee vs Sri Sudipta Banerjee
2021 Latest Caselaw 1324 Cal

10.02.2021
     10
 RP Ct.04
                                   F AT 138 of 2020
                                          +
                    IA No.CAN 1 of 2020 (Old No. CAN 2778 of 2020)

                                   Smt. Jhumpa Banerjee
                                          Versus
                                   Sri Sudipta Banerjee

              Mr. Haradhan Banerjee
              Mr. Amitava Paine
              Mr. Subhrangshu Datta
              Mr. Partha Pratim Mukhopadhyay
                                      ....   For applicant/appellant/wife
              Mr. Sanjay Banerjee
                                          .... For respondent/husband

In Re : IA No. CAN 1 of 2020 (Old No.CAN 2778 of 2020)

Appellant's second application, the first for stay of operation of judgment and decree having been allowed by order dated 2nd February, 2021, is for alimony pendente lite. Mr. Banerjee, learned advocate appears on behalf of applicant/appellant/wife and submits, there was direction for payment of Rs.4,000/- per month by the competent Court in proceeding under section 125 of Criminal Procedure Code, 1973. Then there was order in the matrimonial suit for alimony pendente lite at Rs.1,500/- per month. Respondent/husband was paying larger amount directed in the said proceeding. He submits, there be interim order for payment of alimony pendente lite.

Mr. Banerjee, learned advocate appears on behalf of respondent/husband. He draws attention to paragraph 7 in the application and submits, allegations have been made without any basis. He wants direction for his client to use objection. He submits, in the execution proceeding pursuant to default committed by his client, deposit of substantial amount have been made and his client intends

to clear the outstanding and continue to pay current maintenance.

In event on adjourned date we find arrears have not been cleared, same is likely to weigh with us as one of the factors to be considered in adjudication.

Copy of affidavit-in-opposition must be served on applicant by 24th February, 2021. Applicant may use affidavit-in-reply on advance copy served. Affidavits will be accepted on adjourned date.

List on 8th March, 2021 under heading "Application".

(Arindam Sinha, J.)

(Suvra Ghosh, J)