SM. SANDHYA CHATTERJEE Vs. SALIL CHANDRA CHATTERJEE

JUDGEMENT

(1.) THIS second appeal it by the wife in a suit instituted by hex against her husband for enforcement of an agreement entered into by them on May 12, 1973.

(2.) VARIOUS disputes and differences arose between them at an earlier stage which prompted the wife to file a suit for judicial separation. During the pendency of the said suit the husband wrote a letter to the wife as under: 'Sm. Sandhya Chatterjee, 194/C, Rash Behari Avenue, Calcutta -29. 12 -5 -1973. I agree to pay yon Rs. 260/ - (Rupees two hundred and sixty only) for your maintenance and the maintenance and educational expenses of my son and shall pay Rs. 90/ -(Rupees ninety only) to my daughter for her maintenance and educational expenses. I also agree to pay 55% of the bonus which I shall get annually from my company. I shall bear the marriage expenses of my daughter Shyamalima according to my means on receipt of the information of the marriage provided the groom is approved by me. The amount of maintenance will increase or decrease in proportion to rise and fall of salary and allowance. This will take effect from the month of April 1973 and first payment will be made by the 30th of the month of May 1973 and subsequent payments shall be made by the first week of the following month, Besides the above I shall pay you Rs. 500/ -(Rupees five hundred only) within December 1973 and Rs. 250/ - (Rupees two hundred and fifty) by March, 1974 out of love and affection to my children. Yours faithfully, Salil Chandra Chatterjee 12th May, 1973.'

(3.) AFTER exchange of those letters, the wife, on the self same day, filed a petition praying for dismissal of the suit to which no objection was raised by the respondent. The suit was accordingly dismissed for non -prosecution without costs.