Calcutta High Court (Appellete Side)
Ar Smt. Jharna Sarkar (Das) vs Sri Somnath Sarkar on 29 August, 2022
01 29.8.2022
Ct-08
FA 101 of 2019
with
I.A No. CAN 6029 of 2018
CAN 6041 of 2018
ar Smt. Jharna Sarkar (Das)
Vs.
Sri Somnath Sarkar
Mr. Suchindram Bhattacharjee
.... For the Appellant
Ms. Debolina Lahiri
Mr. Mrinmoy Chatterjee
.... For the Respondent
Re: CAN 6029 of 2018
This is an application for maintenance pendente
lite. A prayer is made for enhancement of the
maintenance amount from Rs.5,000/- to
Rs.10,000/- per month.
It appears from the record that on 27th June,
2016 the maintenance amount was fixed at
Rs.5,000/- with effect from the date of filing under
Section 36 of the Special Marriage Act (incorrectly
recorded under Section 24 of the Hindu Marriage
Act).
It is submitted by the learned counsel
appearing for the parties that the parties are living
separately for almost 15 years and issueless.
We feel that an attempt should be made to
resolve their matrimonial disputes amicably
through mediation.
In view thereof, we appoint Ms. Setu Das
Roy, an advocate of this court, as mediator.
Learned counsel appearing for the parties are
directed to cooperate with the learned mediator
in all respect and they also submit that they
shall make all endeavour to settle the matter
through mediation.
Let this matter stand adjourned till 28th
November, 2022.
The Member Secretary, Mediation &
Conciliation Committee, High Court, Calcutta is
directed to take steps in this regard.
Learned Mediator is requested to submit a
report on or before the adjourned date.
The parties are directed to file their respective
affidavits of assets and liabilities in the form as
mentioned in Enclosure-I of the judgment of
Hon'ble Supreme Court in Rajnesh vs. Neha,
reported in (2021)2 SCC 324 on or before 18th
November, 2022 upon prior service to each other.
In the mean time the respondent shall make
an adhoc payment of Rs.20,000/- (Twenty
thousand) to the appellant within two weeks
from date, subject to the result of the mediation
and any order that may be passed in this
proceeding.
Re: CAN 6041 of 2018
We have heard the learned counsel appearing
for the parties.
This is an appeal at the instance of the wife who
suffered a decree for divorce. The decree passed on
28th May, 2018. The record does not show that the
stay petition was moved earlier. However, the
learned counsel for the respondent submits that the
respondent/husband has not contacted any second
marriage. Be that as it may, the marital status of
the parties shall be maintained till the disposal of
the appeal.
Ms. Debolina Lahiri, learned advocate, appears
along with his junior Mr. Mrinmoy Chatterjee on
behalf of the respondent. Therefore, formal service
of notice of appeal on the sole respondent is
dispensed with and the appeal is treated as ready as
regard service by appearance.
Let the hearing of the appeal be expedited.
We call for the lower court record within three
weeks from date.
Immediately after arrival of the lower court's
record office shall examine the same and, if
found complete, shall serve notice of arrival of
lower court's record on the learned advocate for
the appellant at once.
The appellant is given liberty to prepare and
file requisite number of paper books - printed,
typewritten or cyclostyled, as the case may be -
three weeks after the Puja vacation.
Registrar Administration(L&OM) must ensure
the availability of the lower court record within
the aforesaid time.
The office shall serve notice of arrival of lower
court's record on the learned advocate for the
appellant within one week after the Puja
vacation.
CAN 6041 of 2018 is thus disposed of
without any order as to costs.
(Siddhartha Roy Chowdhury,J.) (Soumen Sen, J.)
