Sl. No. 46
C.O. No. 1506 of 2016
Mr. Anirban Dutta
.. for the petitioner.
Ms. Munmun Tewari
Ms. Rima Halder
.. for the opposite party.
Heard Mr. Dutta, learned Advocate, appearing for the petitioner/husband
and Ms. Tewari, learned Advocate, appearing for the opposite party/wife.
Mr. Dutta handed over a xerox copy of the certified copy of the order no. 53
dated 04-03-2017 passed by the learned Additional District Judge, 7th Court,
Barasat, North 24-Parganas in Mat. Suit No 20 of 2014 (Sujit Adhikari Vs. Tulika
Adhikari) to show that the instant application being C.O. 1506 of 2016 which
was directed against the order dated 11th April, 2016 passed by the same court in
the same suit has become infructuous as a consequence of final disposal of that
application under Section 26 of the Hindu Marriage Act.
Let a copy of the aforesaid order no. 53 dated 04/03/2017 be kept on
However, in presence of the learned Advocate for the opposite party/wife,
Mr. Dutta raised his grievance that despite continuation of regular payment of
maintenance pendente lite, the matrimonial suit is not being expedited and
mostly due to taking adjournments, it was going to be deferred.
Learned Advocate for the opposite party/wife, however, ensured the court
that there would be no fault in the matter of expediting the matrimonial suit
provided maintenance pendente lite be paid regularly without making any default
by the petitioner/husband.
However, considering the nature of the suit which was filed sometime in
the first part of the year 2014 taking assurance of the learned Advocates for both
sides, learned trial court is directed to expedite the aforesaid matrimonial suit
without granting any unnecessary adjournments to either of the parties.
This direction, so far as granting of adjournment is concerned as indicated
above, shall be deemed as preemptory one.
The revisional application is disposed of as the same is infructuous.
There will be no order as to cost.
Department is directed to communicate this order to the learned trial court.
Learned Advocates for the parties are also given liberty to communicate to the learned trial
court along with a xerox copy of the certified copy of this order.
Urgent Photostat certified copy of this order, if applied for, be supplied to
the parties on usual undertaking.
( Mir Dara Sheko, J.)