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1996 Supreme(Cal) 217

SURYA KUMAR TIWARI
SANTOSH KUMAR BANERJEE – Appellant
Versus
TANUSHREE MUKHERJEE (BANERJEE) – Respondent


Advocates Appeared:
BANANI CHATTERJI, DILIP DUTTA, HARADHAN BANERJI, TAPAS MIDYA

SURYA KUMAR TIWARI, J.

( 1 ) THIS revisional petition has been filed against the order dated 20th September, 1995 passed by Sri. B. Bhattacharyya, learned Judicial Magistrate, 4th Court, Burdwan, in Misc. Case No. 450 of 1985.

( 2 ) IN brief, the facts of the case are that the Opposite Party No. 1 Sm. Tanushree Mukherjee is the lawfully married wife of me petitioner. The Opposite Party No. 1 filed an application for grant of maintenance. On 15. 6. 1985 the Opposite Party No. 1 filed an interlocutory application for grant of interim maintenance but the application was rejected by the learned Magistrate on 11. 1. 1986 on the ground that it was misconceived.

( 3 ) ON 2. 8. 1986 she filed another application for grant of interim maintenance but the same was not considered. Hence another application was filed on 22nd June,1992.

( 4 ) THE said application was rejected by the learned Magistrate on 14. 4. 1993 on the ground that ex-parte decree for divorce had already been passed by the learned Additional District Judge, Burdwan in Matrimonial Suit No. 89 of 1985 and the decree is still-in force. Therefore, the petitioner as well as her daughter were not entitled to any interim mainten










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