Calcutta High Court (Appellete Side)
FA-265-2012 on 17 March, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
1
17.03.2017
rrc
F.A. 265 of 2012
with
C.A.N. 3826 of 2015
Mr. Saunak Bhattacharyya
........For the appellant/applicant
Mr. Kallok Basu
.........For the respondent/writ petitioner
The plaintiff/respondent-husband is personally present in Court in compliance with the earlier direction. He is represented by Mr. Basu, learned advocate. He submits, on instructions, that there has been no failure on the part of the husband to pay maintenance to the defendant/appellant-wife.
Mr. Bhattacharyya, learned advocate representing the wife submits that he is yet to receive instructions as to whether maintenance, in full, as directed earlier by the co- ordinate Bench has been paid to her or not. It has been jointly submitted by Mr. Basu and Mr. Bhattacharyya that the co-ordinate Bench had intended reconciliation between the parties by interacting with them, but the same has failed to yield positive result. In fact, there is no possibility of a reconciliation. 2 In that view of the matter, the appeal deserves to be heard. The paper books are ready.
List the appeal together with the application for stay in the monthly list of April, 2017 under the heading 'For Orders'.
Personal presence of the husband is dispensed with until further orders.
In the event any amount is due and payable on account of maintenance by the husband, the wife shall be at liberty to file an application which shall be considered on the next date.
( Dipankar Datta, J. ) ( Sahidullah Munshi, J. )