Shibamoy Singharoy vs Payel Singharoy
2021 Latest Caselaw 1350 Cal

11.02.2021
     08
 RP Ct.04
                                   F AT 554 of 2019
                                          +
                    IA No.CAN 2 of 2019 (Old No. CAN 11811 of 2019)
                    IA No.CAN 3 of 2019 (Old No. CAN 12379 of 2019)
                                 IA No.CAN 4 of 2021

                                     Shibamoy Singharoy
                                          Versus
                                       Payel Singharoy

              Mr. Soumik Ganguli
              Mr. Ovik Sengupta
              Mr. Biplab Das
              Mr. Arindam Paul
                                        ....    For husband/appellant
              Mr. Rwitendra Banerjee
              Mr. Shibasis Chatterjee
              Mr. Sandip Kundu
                                        ....    For wife/respondent

Applications filed in this appeal are several. CAN 12379 of 2019 is application by wife/respondent for payment of Rs.50,000/- (per month) as maintenance pendente lite and litigation cost. A subsequent application by said applicant is CAN 4 of 2021. Mr. Banerjee, learned advocate appears on behalf of applicant wife, who is respondent in the appeal and draws attention to annexed judgment dated 4th November, 2020 of the Supreme Court of India in Criminal Appeal no.730 of 2020 (Rajnesh vs. Neha & Anr.). He relies on following from the judgment, extracted below.

"(xi) Keeping in mind the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings, this Court considers it necessary to frame guidelines in exercise of our powers under Article 136 read with Article 142 of the Constitution of India:

(a)The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before the concerned Family Court/District Court/Magistrate's Court, as the case may be, throughout the country;"

He submits, there should be direction on parties to the appeal to forthwith file their respective affidavits for purpose of adjudication on the question of maintenance pendente lite.

Mr. Ganguli, learned advocate appears on behalf of husband/appellant and submits, this is to be enforced being decree of the Supreme Court. He files affidavit-in- opposition of husband in CAN 4 of 2021.

Parties will exchange copies of their affidavits by 25 th February, 2021. The affidavits will be accepted on adjourned date. List on 4th March, 2021 under same heading.

(Arindam Sinha, J.)

(Suvra Ghosh, J)