Calcutta High Court (Appellete Side)
Sg Ct. 8 vs Santanu Das on 29 August, 2022
FAT 61 of 2022
Item-4. CAN 1 of 2022
29-08-2022
Ranita Das
sg Ct. 8 Versus
Santanu Das
Mr. Subhrendu Halder, Adv.
Ms. Shreya Nandi, Adv.
... for the appellant
Mrs. Kakali Samajpaty, Adv.
Mr. Pramit Chakraborty, Adv.
...for the respondent
We direct the department to call for LCR within a period of
three weeks from date.
After arrival of the Lower Court's Record, the office shall
examine the same and shall issue notice of arrival of Lower Court's
Record on the learned Advocate for the appellant at once.
The appellant is directed to prepare and file requisite number
of informal paper books - printed, typewritten or cyclostyled, as the
case may be, out of court, within four weeks from the date of
service of notice of arrival of Lower Court's Record on the learned
Advocate for the appellant.
All formalities regarding preparation of paper books are
dispensed with, but the learned Advocate for the appellant is
directed to incorporate all the Trial Court papers in the informal
paper books.
Service of notice of appeal upon the respondent is waived
by Mrs. Kakali Samajpaty, learned Counsel for the respondent.
We have considered the affidavit of disclosures filed in the
form as mentioned in Enclosure-1 of the judgment of the Hon'ble
Supreme Court in Rajnesh vs. Neha reported at (2021) 2 SCC
324.
The present net salary received by the respondent is
Rs.1,61,386/-, which appears from the salary slip for the month of
July, 2022. Wife is presently earning Rs.29,850/- per month as
appears from the pay slip issued by the employer on August,
2022. They have a daughter, who is presently pursuing her higher
studies.
In the application the petitioner has prayed for maintenance
pendenti lite at the rate of Rs.40,000/- per month for herself and
her daughter and also for educational expenses of the daughter.
She has also prayed for Rs.25,000/- towards litigation costs.
Considering the assets and liabilities disclosed by the parties
and the standard of living to which the wife and the daughter are
expected and also having regard to the income and status of the
husband, we direct the payment of maintenance of Rs.50,000/- per
month till the disposal of the appeal. We have taken into
consideration the cost of education and the welfare of the
daughter. We are of the view that the daughter shall be entitled to
maintenance for a sum of Rs.35,000/- per month and the wife
shall be entitled to Rs.15,000/- per month out of total maintenance
of Rs.50,000/- per month.
The learned Counsel for the parties have submitted that the
marriage has irretrievably broken down and the marriage may be
dissolved on the ground of irretrievable break down of marriage.
We do not find any such power to dissolve the marriage on
the aforesaid ground. However, the parties shall be at liberty to
approach the appropriate court for dissolution of their marriage by
mutual consent. The parties have agreed to send their dispute to
Mediation.
Accordingly, we appoint Justice Debi Prosad Dey (retired)
as Mediator.
The parties are directed to render all assistance to the
learned Mediator in bringing about a settlement in course of
mediation.
The matter shall be listed on 28th November, 2022.
The learned Mediator is requested to file a report on or
before the adjourned date in the event the parties arrive at a
settlement prior to the adjourned date.
Liberty is given to the learned Counsel for the parties to
mention this appeal for disposal in the event the settlement is
arrived at in course of mediation in the meantime.
This order shall immediately be communicated to the
Member Secretary, Mediation and Conciliation Committee, High
Court, Calcutta to take immediate steps in this matter.
CAN 1 of 2022 is, accordingly, disposed of.
(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)
