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Akb Bela Choudhary @ Bela … vs Naveen Choudhary on 31 July, 2018


5 31.7.18 C.O. 340 of 2017
akb Bela Choudhary @ Bela Chowdhury


Naveen Choudhary

Mr. Sukanta Chakraborty
Ms. Prajaaini Das …For the Petitioner

Mr. Mainak Bose
Mr. Nirmalya Dasgupta
Ms. Debjani Chatterjee …For the Opposite Party

This revisional application is directed against
order No. 112 dated December 19, 2016 passed by the
learned Additional District Judge, 7th Court at Alipore,
District South 24-Parganas in Miscellaneous Case No. 6 of
2014 arising out of Matrimonial Suit No. 15 of 2014.

Husband filed the matrimonial suit in which the
wife filed an application for maintenance pendente lite. The
said application seems to have been made sometime in 2013.
Subsequently, the petitioner again filed an application under
Section 151 of the Code of Civil Procedure on April 16,
2016 praying for some adjustable interim maintenance. The
said application has been rejected by the learned Court
below holding that the application under Section 24 itself
can be disposed of without granting any adjournments and,
therefore, the question of considering the application 151 of
the Code filed on April 16, 2016 does not appear to be based
on any logic. That apart, the learned Court below held that
the evidence of P.W.s. has been completed and the date has

been fixed for recording evidence of O.P.W.s. It has also
been observed by the learned Court below that if the
O.P.W.s. do not come ready on the date fixed, evidence will
be closed.

Mr. Mainak Bose, learned Advocate appearing
for the opposite party husband submits that the amount of
Rs. 5,00,000/- paid earlier by his client was for the benefit of
his daughter and that should not be considered at all towards
any interim maintenance. The order of this Court, on the
basis of which the opposite party had acted, is itself
indicative of the said fact.

On going through the impugned order it appears
that the learned Court below has taken all the possible
safeguards for disposing of the application under Section 24
filed by the wife seeking maintenance pendente lite and the
learned Court below has shown its bona fide to dispose of
the said application at an early date.

On the contrary, if the application under Section
151 of the Code is to be taken up first and to be disposed of
then the whole process is to be delayed. Therefore, in my
view, the course taken up by the learned Court below is the
right course to give ultimate relief to the wife.

In my view the order impugned does not call for
any interference but to meet the ends of justice the learned

Court below is directed to dispose of the Misc. Case No. 6 of
2014 within a month from date.

Learned Advocates appearing for the respective
parties agreed to render all cooperation to the learned Court
below so that the said miscellaneous case is disposed of
within a month in compliance of the order passed by this
Court without granting unnecessary adjournments to either
of the parties.

The revisional application is, thus, disposed of.
There shall be no order as to costs.

Urgent photostat certified copy of this order, if
applied for, be given to the parties, on priority basis.

( Sahidullah Munshi, J.)

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