Bhakta Bouri vs Ambika Prasad Panda And Ors
2023 Latest Caselaw 1141 Cal

        10.2.23

6.

Ct-23
                                  CPAN 1036 of 2022
                                         in
s.g                               WPA 2246 of 2022
.

Bhakta Bouri Vs.

Ambika Prasad Panda And Ors.

Mr. Partho Ghosh Mr. Amal Kumar Dutta Ms. Simran Sureka Mr. Rahul Agarwala Mr. Debashis Das .... For the Petitioner.

Mr.Bijoy Kumar

... For the alleged contemnors.

Since the appeal preferred against the order

under contempt is yet to be heard, let this

matter be adjourned and shall appear in the

combined monthly list of April, 2023.

(Arindam Mukherjee,J.)

has preferred an appeal being Mat 1317 of 2022

against the order dated 18th April, 2022 passed

in WPA 16929 of 2021 being the subject matter

of this contempt petition. The Hon'ble Division

Bench by an order dated 11th January, 2023

has partially stayed the order under contempt

while admitting the appeal. The relevant

portion of the order of the Appeal Court is set

out here under "the order impugned of the

Hon'ble Single Bench shall be stayed to the

extent that the ECL shall not be required to pay

the arrears of MMCC calculated up to the date

of application of respondent/the writ petitioner,

which is 24th of August, 2020.

The MMCC shall however be paid to the

Respondent/the writ petitioner on and from 24 th

of August,2020 till date and regularly on each

subsequent month. The arrears of MMCC paid

from 24th August, 2020 till December, 2022

shall carry the interest granted by the Hon'ble

Single Bench at the rate of 3%."

ECL has already deposited sum of Rs.

42,04,47/- with the learned Registrar General

of this Court on 31st October, 2022 . In the

aforesaid facts and circumstances this

contempt application is adjourned and shall

appear in the monthly list of APRIL, 2023.

( Arindam Mukherjee,J.)

ile any written statement to contest the suit. On 29th November, 2018 by order no. 3 the suit was directed to be heard ex parte. Accordingly, the suit appeared. The impugned judgment records that the husband/respondent exhibited three documents and adduced evidence to establish his case that he was subjected to cruelty by the wife. The learned trial judge on the basis of unchallenged testimony of the husband decreed the suit. The suit was decreed on the ground of cruelty and desertion.

Learned counsel appearing for the appellant/wife submits that although the records

show that the summons of the suit was served upon the wife, the wife has not received the summons and she became aware of the suit only when the decree was passed.

However, having regard to the fact that delicate issues involved in the matrimonial suit and the respondent/husband has agreed that the suit may be heard on contest, we set aside the impugned decree and direct the learned

Additional District Judge, Fast Track, 2nd Court, Sealdah, to hear the suit from the stage of evidence of the wife.

The appellant/wife shall file written statement within two weeks from date. In default, this order shall stand recalled and the impugned judgment shall stand revived. The learned trial judge shall give direction, which shall be peremptory in nature with regard to the procedural matter and both the parties shall abide by such direction.

Consequent upon filing the written statement and framing of issues, if required, the respondent shall be entitled to adduce further evidence and he shall be cross-examined by the appellant/wife. Thereafter, the evidence on examination and cross-examination of the wife's witness shall start. The evidence of the husband is already on record shall remain and the wife shall be at liberty to cross-examine the husband/respondent in relation to any other evidence that the respondent/husband may desire before the cross-examination of the wife.

The documents already marked as exhibits in the trial court shall remain on record. The learned Additional District Judge, Fast Track Court-II, Sealdah is requested to dispose of the matrimonial suit as expeditiously as possible

preferably within a period of one year from the date of filing of the written statement. In view of the above, FAT 187 of 2019 is disposed of.

In view of disposal of the appeal, CAN 1 of 2019 is accordingly disposed of. Let a copy of this order be communicated to the learned Additional District Judge, Fast Track Court-II, Sealdah for information and doing the

needful through learned Registrar Administration (L & OM).

(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)