Ct. 8 vs Somnath Sarkar
2023 Latest Caselaw 2028 Cal

                                               FA 101 of 2019
Item-7.                                       CAN 6029 of 2018
          27-03-2023

  sg
                                             Jharna Sarkar (Das)
            Ct. 8                                   Versus
                                               Somnath Sarkar

                            Mr. Suchindram Chatterjee, Adv.
                                                        ...for the appellant
                            Ms. Deblina Lahiri, Adv.
                            Mr. Mrinmoy Chatterjee, Adv.
                                                        ...for the respondent

The department is directed to ensure and file a report with

regard to arrival of LCR. In the event the LCR has arrived in the

meantime, the department shall immediately serve notice of

arrival of LCR upon the learned advocate-on-record of the

appellant in order to enable the appellant to prepare requisite

number of paper book and file the same within four weeks from

the date of receipt of notice of arrival of LCR. However, in the

event the LCR has not arrived, the department shall take

immediate step in this regard.

The learned Registrar Administration (L&OM) is directed to

immediately bring it to the notice of the learned Additional

District Judge, Kalyani, Nadia regarding non-arrival of LCR.

We direct the learned Additional District Judge, Kalyani,

Nadia to ensure that the LCR is immediately forwarded to the

department concerned so as to enable the appellant to prepare and

file requisite number of paper book.

The respondent was paying a sum of Rs.5000/- per month as

maintenance before the decree was passed by the Trial Court.

The appellant filed the application for maintenance on 10th

August, 2018 but did not take any step for listing of the said

application and the said application was lying unattended until we

directed the department to list all pending matters. In fact, we

passed an order on 29th August, 2022 recording that no attempt

was made by the appellant to move the stay petition. The

application for maintenance was also not moved which gives an

impression that the wife may not be in requirement of fund.

However, considering the present income of the respondent

and his ability to pay and also in view of the fact that he has an

obligation to maintain the appellant, we direct the appellant to pay

a sum of Rs.4000/- per month from September, 2018 till 31 st

March, 2023.

The appellant has already made a payment of Rs.20,000/-.

The said amount shall be adjusted against the arrear. The

maintenance for the month of April, 2023 shall be paid on or

before 7th April, 2023 and thereafter, by 7th of each succeeding

month. However, the arrear amount shall be paid in eight equated

monthly installments commencing from May, 2023. The first

instalment shall be paid by 7th May, 2023 and the remaining other

instalments, by 7th of each succeeding month along with current

instalment.

CAN 6029 of 2018 is, accordingly, disposed of.

The appeal shall be listed fairly at the top in the monthly

combined list of June, 2023.

The affidavit of assets filed by the appellant is not in

accordance with the decision of Rajnesh vs. Neha, reported in

2021(2) SCC 314. The appellant shall file the affidavit disclosing

the details as mentioned in enclosure-1 of the judgment of the

Hon'ble Supreme Court in Rajnesh vs. Neha, within four weeks

from date, which may be taken into consideration at the time of

disposal of the appeal upon prior service to Mrs. Deblina Lahiri,

Advocate.

   (Uday Kumar, J.)                         (Soumen Sen, J.)