Mir Dara Sheko, J. - (1.) The defects, as reported by the Stamp Reporter, have already been cured.
(2.) Heard Mr. Amit Prokash Lahiri, learned Counsel for the appellant/wife and Mr. Sadananda Ganguly, learned Counsel assisted by Mr. M. Rahaman, learned Counsel for the respondent/husband. Supplementary affidavit dated 23.12.2016 annexing the receipt showing compliance or order dated 30.11.2016 and affidavit in reply of the petitioner be kept on record. Perused the materials available on record, as submitted by the parties.
(3.) Mr. Lahiri submitted that under section 25(2) of the Hindu Marriage Act, 1955 even after decree of divorce between the parties either of them may seek for variation, modification or rescind any order of permanent alimony. While the wife filed a Misc. Case No. 13 of 2015 again for enhancing the amount of permanent alimony learned Trial Judge only attending the application under section 151 of the Code of Civil Procedure filed by the husband dismissed the said Misc. Case itself with the penultimate observation, set out under under:- " I have considered the submission of both side. I have perused the both petitions of the O.P. as well as the petitioner. I have gone through the orders, after perusing the same it appears to me that over the selfsame matter and selfsame parties one Review petition is pending before the Hon'ble High Court, Calcutta, to that effect the copy of the order has been placed by the O.P. before the Court where-from it appears that the application being C.A.N. No. 3278 of 2016 is pending before the Hon'ble High Court, Calcutta and this matter will be appeared. As such since the matter is pending before the Hon'ble High Court, Calcutta over the selfsame issue and between selfsame parties, I am not in a position to pass any such order in respect of the permanent alimony. So, the Misc. Case which has been filed from the side of the petitioner is liable to be rejected at this stage. Hence, it is ordered, that the Misc case be and the same is dismissed on contest without any order as to costs.";