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S. TALAPATRA, ARINDAM LODH
Ratna Debnath – Appellant
Versus
Narayan Debnath – Respondent
| Table of Content |
|---|
| 1. nature of appeal under family courts act (Para 1 , 2) |
| 2. respondent's second marriage and maintenance issues (Para 3) |
| 3. grounds for divorce and desertion findings (Para 4 , 5) |
| 4. respondent's inability to maintain wife and son (Para 6) |
| 5. criteria for determining maintenance obligations (Para 7) |
| 6. modification of maintenance order (Para 8) |
| 7. affirmation of obligations for maintenance (Para 9) |
| 8. dismissal of the appeal with maintenance order (Para 10) |
JUDGMENT
Talapatra, J. - Heard Mr. HK Bhowmik, learned counsel appearing for the appellant and Mr. DC Roy, learned counsel appearing for the respondent.
2. This is an appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 from the judgment dated 28.09.2015 passed by the Judge, Family Court in case No. T.S. (Divorce) 103 of 2010.
3. At the outset, Mr. Bhowmik, learned counsel appearing for the appellant has apprised this court that the respondent has contracted the second marriage after the decree of divorce as passed by the Family Court. Having taken note of the subsequent events, Mr. Bhowmik, learned counsel has submitted that even if the appeal is allowed and the decree is set aside, the parties cannot restore their c
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