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JOYMALYA BAGCHI
Prabir Kumar Ghosh – Appellant
Versus
Jharna Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Subrata Roy Karmakar, Advocate
For the Opposite Party No. 1 :Sima Ghosh, Advocate

JUDGMENT :

Joymalya Bagchi, J.

Proceeding in Miscellaneous Case No. 57 of 2014 under Section 12 read with Sections 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Act of 2005') has been assailed.

2. The facts of the case are as follows :-

The parties were married to each other according to Hindu rites and customs in the year 1987. A divorce proceeding was instituted and an ex parte divorce was granted in favour of petitioner no. 1 on December 12, 1988.

3. In appeal, an Hon'ble Division Bench of this Court affirmed the said decree of divorce vide order dated August 22, 2014. The petitioner No. 1 was directed to pay a lumpsum amount of Rs. 1,00,000/- (Rs. One Lakh) as alimony pendente lite. By the selfsame order, the opposite party no. 1 was also given liberty to pray for permanent alimony, if so advised.

4. During the pendency of the appellate proceeding in or about February, 2014, the opposite party instituted the impugned proceeding under Section 12 of the Act of 2005 praying for various reliefs including the monetary relief against the petitioners.

5. The instant petition has been filed for quashing of the said proceedin



























































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