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Calcutta High Court (Appellete Side)

Re : C. A. N. 4597 Of 2010(Alimony ... vs Litigation Costs.) on 2 August, 2010

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

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                     F. A. T. No. 120 of 2010


     Mr. Anit Kumar Rakshit,
     Mr. Subrata Mukherjee


                     ........for the appellant.


     Mr. Jiban Ratan Chatterjee,
     Mr. Sudipto Chakraborty

                                   .......for the respondent.

The learned advocate for the appellant is directed to classify the appeal as an appeal from original decree. The learned advocate for the appellant is, further, directed to delete the unnecessary averments from the cause title of the memorandum of appeal and to correct the valuation statement in the preamble of the memorandum of appeal. The learned advocate for the appellant is, also, directed to delete the unnecessary certificate appended to the foot of the memorandum of appeal and to append a correct list of papers in the memorandum of appeal, here and now.

Re : C. A. N. 4596 of 2010(application for stay).

Mr. Anit Kumar Rakshit, learned advocate appears for the appellant and informs this Court that his junior Mr. Subrata Mukherjee, learned advocate, has filed a fresh vakalatnama on behalf of the appellant after obtaining 'no objection' from the erstwhile learned advocate for the appellant.

We are informed that such vakalatnama has been filed on June 22, 2010 under filing no. A-9685.

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Mr. Jiban Ratan Chatterjee, learned senior advocate appears for the respondent and submits that his junior Mr. Sudipto Chakraborty, learned advocate, has filed vakalatnama on May 11, 2010 under filing no. A-7635 on behalf of the respondent. He accepts notice of the application and the appeal on behalf of his client.

Therefore, formal service of notice of the application and the appeal is dispensed with.

The office is directed to incorporate those vakalatnamas in the file.

This is an appeal arising out of a decree for divorce. The appellant is the wife.

Therefore, this application for stay is disposed of by restraining the husband from contacting second marriage during the pendency of the appeal.

The application for stay stands allowed as above.

We make no order as to costs.

Re : C. A. N. 4597 of 2010(alimony pendente lite and litigation costs.) Put up the application for alimony pendente lite and expenses for litigation after one week in the supplementary list under the same heading.

The husband-respondent is directed to disclose his total income on the next date of hearing.

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(Subhro Kamal Mukherjee, J.) (Tarun Kumar Gupta, J.)