Calcutta High Court (Appellete Side)
Jolly Bera (Nee Saha) vs Prabhakar Bera on 24 March, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
6 24.3.17
c F.A.T. 506 OF 2014
With
CAN 11397 of 2016
(Application for maintenance)
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Re: CAN 11397 of 2016
pplication for maintenance)
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Jolly Bera (nee Saha)
-vs.-
Prabhakar Bera
Ms. Madhumita Patra
.......For The Applicant.
CAN 11397 of 2016 is an application for alimony pendente lite under section 24 of the Hindu Marriage Act.
It appears from the records that the respondent husband despite service did not turn up to contest the application under section 5 of the Limitation Act filed by the applicant for condonation of delay in presentation of the appeal. It also appears from the affidavit-of-service dated 7th February, 2017 that a copy of the instant application has been served on the respondent husband on 19th January, 2017, yet, there is no appearance from his side.
Since a notice along with a copy of the application was served on the respondent husband more than two months back, we are inclined to grant one further opportunity to him to appear before us for having his version heard on the prayer made in this application.
ACO List the application once again on 7th April, 2017 under the heading 'For Orders'.
Learned advocate for the petitioner shall serve a website copy of this order on the respondent husband by a week positively. A website copy of this order shall also be served by the learned advocate for the appellant on the General Manager, Eartern Railway, who shall ensure that the copy of this order reaches the respondent husband well before the next date of enlistment.
2It is made clear that if the respondent husband despite being served a copy of this order chooses not to contest the application, we shall be constrained to proceed on the basis that the statements made in the application are true and correct and appropriate order shall follow ex parte.
( Dipankar Datta, J. ) (Sahidullah Munshi, J.)