Calcutta High Court (Appellete Side)
Rina Jaiswal vs Dilip Kumar Jaiswal on 22 September, 2023
22.09.2023.
Item No. 1.
Court No. 13
ap
F.A. No. 154 of 2002
With
I.A. No. CAN 3 of 2014 (Old CAN 6611 of 2014)
And
I.A. No. CAN 4 of 2022
Rina Jaiswal
Versus
Dilip Kumar Jaiswal
Mr. Golam Karim Chowdhury,
Mr. Kaustava Ratan Chatterjee.
...For the appellant.
Mr. Shubham Gupta,
Mr. Basab Shaw.
....For the respondent.
1. The instant appeal has been preferred by the
appellant/wife against the judgment and order dated
29th June, 2001 passed in M.A.T. Suit No. 248 of
1998.
2. By the impugned judgment and decree divorce was
granted by the learned Family Court at Calcutta in
M.A.T. Suit No. 248 of 1998 permanent alimony of
Rs.50,000/- (Rupees fifty thousand only) to the
appellant was also granted.
3. The appellant/wife has filed an appeal against the
said judgment and decree in the year 2001. The appeal
was admitted by a Co-ordinate Bench of this Court by
an order dated 2nd July, 2002 and the husband was
specifically restrained from remarrying until further
orders of this Court.
4. Counsel for the respondent/husband and the
respondent himself, who is personally present in
Court, has submitted that not only did the respondent
get married again but he also has children from the
second wife.
5. This is a clear and blatant violation of the order
dated 2nd July, 2002. There is a clear contempt on the
face of this Court.
6. With the passage of time, the appellant/wife has
filed an application being CAN 4 of 2022. She has
claimed a permanent alimony of Rs.10,00,000/-
(Rupees ten lakhs only) as a pre-condition for agreeing
to divorce and withdrawing the instant appeal.
7. This Court finds that the application filed by the
appellant/wife is reasonable. There is a permanent
and irretrievable break down of marital relation with
the passage of time.
8. In the above circumstances, this Court is of the
view that the appellant must receive permanent
alimony for a sum of Rs.7,00,000/- (Rupees seven
lakhs only) in full and final settlement of her claims
against the respondent/husband. The said sum of
Rs.7,00,000/- shall be paid in seven equal monthly
instalments, the first of which shall be paid by 27 th
September, 2023. The rest of the instalments shall be
payable by the eighth of each English calendar month.
Upon payment of the sum of alimony as above decree
of divorce passed by the Court below shall stand
affirmed.
9. As already indicated hereinabove, the
respondent/husband has committed contempt of this
Court's order dated 2nd July, 2002 restraining him
from remarrying, as admitted by him in open Court.
10. Having regard to the fact and circumstances of
the case, this Court is inclined to impose a fine of a
sum of Rs.1,50,000/- (Rupees one lakh fifty thousand
only) payable by the respondent/husband to the
appellant/wife. The amount of fine shall be paid
independent of monthly instalments directed
hereinabove by 2nd October, 2023. The alimony and
fine amount shall be payable into the Bank Account of
the appellant directly within the time indicated
hereinabove.
11. It is made absolutely clear that in default of
payment of any of the instalments towards permanent
alimony as directed hereinabove or the amount of fine
as directed hereinabove by the date and time
mentioned, the entire decree of divorce shall stand
automatically set aside. The respondent shall be liable
for being taken into custody for suffering three months
of civil imprisonment and shall be liable to maintain
the appellant at a sum to be decided by this Court.
12. With the aforesaid directions, F.A. No. 154 of
2002 shall stand disposed of. All pending applications
shall consequently disposed of.
13. All parties are directed to act on a server copy of
this order duly downloaded from the official website of
this Court.
(Rajasekhar Mantha, J.)
(Supratim Bhattacharya, J.)
