GITIKA GHOSH Vs. SOUMENDRA NATH GHOSH

JUDGEMENT

(1.) Re: CAN 5476 of 2018

(2.) Mr. Biswaroop Bhattacharya, learned advocate for the opposite party/husband vehemently opposed the prayer of the petitioner/wife. Mr. Bhattacharya submits that the opposite party/husband filed the suit for divorce and that was dismissed on contest. Assailing that dismissal order the opposite party/husband preferred appeal before this Hon'ble Court. The appeal being F.A. 187 of 2012 was decreed in favour of the opposite party/husband vide the judgment and decree dated 5th August, 2016. Against that judgment and decree the petitioner/wife preferred the special leave petition before the Hon'ble Apex Court. That special leave petition was also dismissed on 5th July, 2017. In spite of that the petitioner/wife filed an application before this Hon'ble Court for permanent alimony of Rs. 1,30,00,000/-. Therefore, in conclusion, Mr. Bhattacharya submits that in a disposed of matter the petitioner/wife cannot file any application for permanent alimony. At best the petitioner/wife can take steps in accordance with law to file appropriate application before the learned court below.

(3.) Considering the submissions as advanced by the learned advocates for the parties and after perusing the record, we find that though initially the opposite party/husband lost before the trial court, against that, the opposite party/husband preferred appeal before this Hon'ble Court and obtained the judgment and decree in his favour. Assailing that judgment and decree the petitioner/wife preferred the special leave petition before the Hon'ble Apex Court. That special leave petition was dismissed on 5th July, 2017.