Calcutta High Court (Appellete Side)
Monojit Basu vs Shyamsree Basu (Nee Ghosh) on 18 July, 2022
03 18.07.2022 FAT 522 of 2019
with
I.A No. CAN 3 of 2021
Ct-08 CAN 4 of 2022
CAN 5 of 2022
CAN 6 of 2022
ar
Monojit Basu
Vs.
Shyamsree Basu (Nee Ghosh)
Mr. Monojit Basu
... For the Appellant (in person)
Mr. Debasish Roy
Ms. Sumitra Das
Ms. Riya Chatterjee
... For the Respondent
In an application filed by the wife/respondent
praying for enhancement of maintenance of the
minor child, we passed several orders including
the order dated 1st July, 2022.
In the last order dated 1st July, 2022 we
directed the appellant/husband to file affidavit
disclosing the details as mentioned in Enclosure-
1 of the judgment of Hon'ble Supreme Court in
Rajnesh Vs. Neha, reported in 2021(2) SCC
In spite of repeated opportunities being given
to Mr. Monojot Basu, appearing in person, to pay
a sum of Rs.50,000/-(Fifty thousand) towards
ad-hoc maintenance for the minor child and to
file affidavit in terms of the said judgment of the
Hon'ble Supreme Court, till date Mr. Basu has
not filed any affidavit contradicting the
submission made on behalf of the wife pursuant
to the order dated 1st August 2011, although he
promised to disclose his assets and income.
The proceeding is arising out of a decree for
divorce. The suit was decreed in favour of the
respondent/wife. The husband, who is the
appellant herein, has filed the appeal challenging
the decree for divorce.
After the applications were heard
considerably from time to time since 7th January,
2022, Mr. Basu has now filed two applications
being CAN 5 of 2022 and CAN 6 of 2022 praying
for recalling of the order dated 1st July, 2022.
The principal ground is that Mr. Basu has filed a
Special Leave Petition against our order dated 1st
July, 2022. Mr. Basu has also produced before
us a representation dated 15th July, 2022 made
by him to the Hon'ble Chief Justice of Calcutta
High Court for reassigning of the matter to a
different division bench. The photostat copy of
the said representation be kept with the record.
In the above two applications Mr. Basu has
prayed for recalling the order dated 1st July,
2022 and also prayed for adjournment till a
decision is taken by the Hon'ble Chief Justice in
connection with the representation he has made
on 15th July, 2022.
In respect of the payment of maintenance for
the minor the learned Judicial Magistrate in
disposing of the application for maintenance on
August 01, 2011 directed the husband/appellant
to pay a sum of Rs.6,500/- per month. The said
order was passed under Section 125 of the Code
of Criminal Procedure. We directed the appellant,
who is the father of the minor child, to discharge
his responsibility and to pay at least a sum of
Rs.50,000/- for the time being till we decide the
issue on maintenance.
The wife is personally present in court. We
have made attempt for reconciliation in presence
of the parties. However, it appears that there is
no possibility of any reconciliation and the
marriage may have been irretrievably broken.
If we go by the order dated 1st July, 2022,
there is a sum of Rs.1.82 lakhs due and payable
by the appellant/husband for the maintenance of
the minor child. Mr. Basu is evading the issue
and has made certain derogatory comments with
regard to the conduct of the proceeding without
discharging his responsibility in an attempt to
release this matter from this bench by making a
representation before the Hon'ble Chief Justice
on 15th July, 2022.
We are extremely shocked that the appellant,
who is the father of the minor child, is unwilling
to pay Rs.50,000/- to his own child and has
been evading the issue of arrear maintenance
since the beginning.
We are not minded to recuse ourselves as we
feel that a recent trend has developed in which
the litigants are taking the court for a ride once
an order is unfavourable and not to his liking.
Reckless allegations are made against the Bench
to compel the bench to release the matter. We
have no doubt in our mind that the order we had
passed is for the benefit of the minor child. It is
explicit from the conduct of Sri Basu that he is
desperately trying to avoid his responsibility as
father. Since a representation is pending before
the Hon'ble Chief Justice, we adjourn hearing of
the appeal and applications for two weeks.
However, the order of attachment passed
earlier shall continue till the disposal of the
appeal.
This order shall be communicated to the
Secretary to the Hon'ble Chief Justice and may
be placed along with the representation dated
15th July, 2022 and order dated 1st July, 2022
for consideration appropriate order.
(Siddhartha Roy Chowdhury,J.) (Soumen Sen, J.)
