Calcutta High Court (Appellete Side)
Sayonee Sil vs Abhishek Sil on 19 May, 2023
IN THE HIGH COURT AT CALCUTTA
Civil Revisional Jurisdiction
Appellate Side
Present:
The Hon'ble Justice Biswaroop Chowdhury
C.O. 3626 of 2022
Sayonee Sil
VERSUS
Abhishek Sil
For the petitioner: Mr. Partha Pratim Roy, Adv.
Mr. Chiranjib Sinha, Adv.
Mr. Dyutiman Banejee, Adv
For the opposite party: Mr. Aniruddha Chatterjee, Adv.
Mr. Prabhakar Chowdhury, Adv.
Ms. Arunima Lala, Adv.
Judgment on: May 19, 2023
Biswaroop Chowdhury,J:
The petitioner before this Court is a wife in a proceedings of maintenance
under the Special Marriage Act 1956 and is aggrieved by the Orders dated 19-
11-2022 and 23-11-2022 passed by Learned Additional District Judge Tenth
Court at Alipore in Matrimonial Suit No - 16 of 2012.
The grievance of the petitioner in the instant application is that the
Learned Trial Court erred in not disposing the application filed by the petitioner
on 19-11-2022 required for proper adjudication of the application for
maintenance. On 19-11-2022 the petitioner filed an application for a direction
upon the opposite party to file an affidavit of asset complying the direction as
set out by the Hon'ble Supreme Court in Criminal Appeal No. 730 of 2020. By
Order dated 19.11.2022 Learned Trial Court was pleased to fixed 23-11-2022
the next date for filing Supplementary documents and hearing of the
application filed by the petitioner. On 21-11-2022 the opposite party filed a
supplementary affidavit regarding affidavit of asset, and on 23-11-2022
Learned Trial Court was pleased to accept the supplementary affidavit.
It is the contention of the petitioner that the Learned Trial Court erred in
accepting the Supplementary affidavit filed by the opposite party although it
was not according to the direction as set out by the Hon'ble Supreme Court of
India.
Heard Learned Advocate for the petitioner and Learned Advocate for the
opposite party. Perused the petition filed and materials on record. Learned
Advocate for the petitioner submits that the Learned Trial Court erred in
accepting the supplementary affidavit which was not in accordance with the
direction as set out by the Hon'ble Supreme Court. Learned Advocate further
submits that the said affidavit ought not to have been accepted.
Learned Advocate for the opposite party submits that his client has
furnished the documents required under law. Learned Advocate draws
attention to para 2 and 3, of the supplementary Affidavit filed in Court below
and submits that the said paragraphs will show that the relevant particulars
are furnished as claimed by the petitioner.
Upon hearing the Learned Advocate and upon considering the facts of
the case this Court is of the view that as there is no observation by the Learned
Trial Court in the Order dated 23/11/2022 as to whether the Affidavit
submitted by the opposite party is according to the law laid down by the
Supreme Court regarding affidavit of assets the matter should be remitted back
to the Learned Trial Court for reconsideration.
Thus the matter is remitted to Trial Court for consideration Learned Trial
Court shall prior to the evidence of opposite party scrutinize and decide as to
whether the Affidavit of Assets including Supplementary Affidavit submitted by
opposite party complies the direction of the Hon'ble Supreme Court passed in
Criminal Appeal No. 730 of 2020. In the event it complies the said direction the
opposite party will be permitted to adduce evidence. In case it does not comply
the directions of the Hon'ble Supreme Court necessary order may be passed by
Learned Trial Court. As submitted by Learned Advocate for the petitioner that
Examination in Chief of petitioner witness is closed and the petitioner is unable
to exhibit some documents liberty is given to the petitioner to apply for
recalling the witness for further examination which may be considered by
Learned Trial Court in accordance with law.
This Revisional Application stands disposed.
Urgent photostat certified copy of this order, if applied for, should
be made available to the parties upon compliance with the requisite formalities.
(Biswaroop Chowdhury, J.)
