Gopal Bepari v. Seema Bepari

IN THE HIGH COUR AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

FMAT/4/2021 IA NO: CAN/1/2021 Gopal Bepari ... Appellant Vs.

Seema Bepari ... Respondent Mr. Prohit Mohan Lal, Advocate ... for the appellant November 18, 2021 [GNC] Item No.5 Despite service of notice, the respondent is not represented.

Affidavit of service has been filed in Court. The appeal is directed against an order of interim maintenance passed by the learned Additional District Judge, North and Middle Andaman, Mayabunder in Misc. Cae No.2 of 2019 arising out of Matrimonial Suit No.4 of 2019. The only grievance of the appellant is that he has not been allowed to deduct the sums already paid to the opposite party wife. It has already recorded in this Court's order dated 9th November, 2021 that the same may be casual omission in the impugned order. In that view of the matter, the order dated 12th April, 2021 interim maintenance allowed in the Court below, is modified to the limited extent that the appellant would be entitled to deduction and set-off of the amounts already paid by him from the amounts directed to be paid.

The impugned order shall stand as modified hereinbelow.

It is made absolutely clear that the proceeding in the Court below shall continue uninfluenced by this proceeding. It is also made clear that this Court has not entered into any other issue between the parties and the Courts below shall proceed independently in the proceedings pending before them. The appeal shall stand disposed of and the connected application being CAN/1/2021 shall also stand disposed of. There shall be however no order as to costs.

(Rajasekhar Mantha, J. ) ( Amrita Sinha, J. )