Shibamoy Singharoy vs Payel Singharoy
2021 Latest Caselaw 2279 Cal

22.03.2021
     17
 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

CAN 12379 of 2019 is for alimony pendente lite. Mr. Banerjee, learned advocate appears on behalf of applicant- wife, who is respondent in the appeal. He demonstrates from his client's affidavit, her needs. He reiterates reliance on judgment dated 4th November, 2020 of Supreme Court in Rajnesh vs. Neha & Anr. (Criminal Appeal no.730 of 2020) on parameters for determining the quantum. Mr. Ganguli, learned advocate appears on behalf of appellant- husband and submits, his client's suit for divorce was dismissed, hence, the appeal. The unreasonable demand for alimony pendente lite on the one hand and on the other respondent-wife will not stay with his client. His client's appeal will be rendered without cause on respondent-wife coming to reside with his client in her matrimonial home. His client is willing to and wants her back. Mr. Banerjee responds that trial Court did not find his client to have been cruel to her husband in deserting him.

In view of position taken by the husband, we require Mr. Banerjee to obtain instruction on whether his client

will return to her matrimonial home. On adjourned date we would expect information that she has returned. Otherwise we intend to hear this application along with the appeal.

List on 5th April, 2021 as prayed by Mr. Banerjee.

(Arindam Sinha, J.)

(Suvra Ghosh, J)