Sharmila Lodh vs Ajay Kumar Lodh & Anr
2022 Latest Caselaw 3059 Cal

06.06.2022
  SL No.6
 Court No.8
   (gc)


                                 FA 5 of 2010
                                     With
                                CAN 4 of 2015
                          (Old No: CAN 2116 of 2015)

                                 Sharmila Lodh
                                      Vs.
                            Ajay Kumar Lodh & Anr.

                                         Mr.   Rabindra Narayan Dutta,
                                         Mr.   Sibashish Ghosh,
                                         Mr.   Hare Krishna Halder,
                                         Mr.   Arkoday Mukherjee,
                                                          ...for the Appellant.


                        The learned Counsel for the appellant submits that

              the issue relating to the enhancement of maintenance is

              pending before the Hon'ble Supreme Court and a copy of

              the order dated 14th March, 2022 passed in Special Leave

              to Appeal (C) No.30983 of 2016 is produced before us in

              support of his submission. The said Special Leave Petition

              is arising out of the final judgment and order dated 5th

              January, 2016 in CAN No.2116 of 2015.

                        In view of the fact that the issue of maintenance is

              pending before the Hon'ble Supreme Court, we are not

              inclined to decide the issue relating to maintenance.

              However, we do not find from the order that the Hon'ble

              Supreme Court is deciding the subject-matter of the appeal

              itself.

                        The learned Counsel for the husband/respondent

No.1 is not present. It appears from the record that Ms.

Sanchari Sen, Advocate, Bar Association Room No.5 is the

present Advocate-on-record of the husband/respondent

No.1 and she had filed her Vakalatnama in terms of the

order dated 15th December, 2015. However, the

husband/respondent No.1 is not represented.

We request Mr. Pradip Kumar Basu, learned

Advocate-on-record on behalf of the appellant to serve an

appropriate notice along with a copy of this order upon Ms.

Sanchari Sen, Advocate representing the

husband/respondent No.1 in course of this week with an

intimation that this appeal along with connected

application shall be listed after three weeks. In the event,

the husband/respondent No.1 is not represented on the

adjourned date, we may proceed with the hearing of the

appeal in absence of the husband/respondent No.1.

An affidavit-of-service shall be filed on the adjourned

date.

A Photostat copy of the order dated 14th March, 2022

is kept with the record.

Let this appeal appear along with FAT 107 of 2011

after three weeks.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)