Smt. Jhumpa Banerjee vs Sri Sudipta Banerjee
2021 Latest Caselaw 842 Cal

02.02.2021
Item No. 07
Ct. No. 04
PG


                              F.A.T. 138 of 2020
                                     With
                 I.A. no. CAN 1/2020 (Old CAN 2778 of 2020)
                                     With
                 I.A. no. CAN 2/2020 (Old CAN 2780 of 2020


                            Smt. Jhumpa Banerjee
                                       Vs.
                              Sri Sudipta Banerjee


              Mr. Haradhan Banerjee
              Mr. Amitrava Paine
              Mr. S. Datta
              Mr. Partha Pratim Mukhopadhyay
              Ms. Manideepa (Paul) Roy....for appellant

                       Mr. Banerejee, learned advocate appears on

              behalf of appellant/wife. He submits, the appeal is

              against judgment and decree dated 17th February,

              2020, allowing the matrimonial by suit dissolving the

              marriage under section 27 of Special Marriage Act,

              1954. He files affidavit of service to demonstrate

              service of two connected applications, one for, inter

              alia, restraining respondent/husband from marrying

and the other for alimony pendente lite. Track record

enclosed in the affidavit confirms delivery.

The appeal is defective on certified copy of

decree not having been filed. He hands up certified

copy of the decree. We have perused the certified copy

and it is handed back to Mr. Banerjee for filing in the

department and obtaining endorsement of removal of

defects, for the appeal to be in order.

On being satisfied regarding service, we stay

operation of impugned judgment and decree.

Respondent/husband is restrained from re-marrying

till disposal of this appeal. I.A. no. CAN 2 of 2020 (old

CAN 2780 of 2020) is allowed as above.

Send the file down for removal of defect and

thereafter list the application for alimony pendente

lite, next Monday i.e. 8th February, 2021. Appellant

will serve copy of this order on respondent and file

affidavit of service.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)