DEBAJIT KUMAR DAS Vs. DEBARATI DAS

JUDGEMENT

(1.) This is an application challenging an order dated 18th December, 2019 passed by the learned Additional Principal Judge, Family Court-2, Calcutta, in Misc. Case No.46 of 2017.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. It is true that the petitioner had received notice in respect of an application under section 125 of the Code filed by the wife/opposite party. He also filed a showcause in the proceeding, but thereafter, the petitioner could not appear before the learned trial court as he was posted at Amravati, Maharashtra, in connection with his job. In the meantime, he lost both his parents. In such circumstance, it was not proper on the part of the learned trial court to impose a cost of Rs.20,000/- on him while recalling the order for ex parte hearing of the case.

(3.) Learned counsel appearing on behalf of the opposite party /wife submits as follows. The learned trial court was absolutely right in holding that the petitioner had employed dilatory tactics only to harass the wife. Therefore, some cost has to be imposed on him while granting him a fresh chance to place his case.