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Judgments of Supreme Court of India and High Courts

Debabrata Halder vs Barnali Halder on 11 February, 2020


Sn 11.2.2020 C.O. 448 of 2020


Mr. Rajib Kumar Basu
..for the petitioner

This matter is taken up out of turn on the ground

of urgency as mentioned by the learned Advocate.

The husband being the petitioner in Matrimonial

Suit No. 134 of 2019 pending before the learned Additional

District Sessions Judge, Fast Track Court, Baruipur, South 24

Parganas, has filed this application for expeditious disposal of

the matrimonial suit.

It is the contention of the petitioner that in order to

frustrate the proceeding, the wife has filed Misc. Case 2 of 2017

for maintenance pendente lite. It is further submitted that the

wife has been continuing to take adjournments and as such

progress of the suit is hampered. Misc.Case 2 of 2017 has also

not been disposed of.

Under such circumstances, this revisional

application is disposed of with a request to the learned

Additional District Judge, Fast Track Court, Baruipur, South 24

Parganas to dispose of the Misc. Case 2 of 2017 arising out of

MAT Suit No. 134 of 2019 as expeditiously as possible

preferably within two months from the date of communication

of this order.

Upon disposal of the Misc.Case, the learned Court

below will dispose of the MAT Suit no. 134 of 2019 within a

year from date of disposal of the Misc.Case provided that the

petitioner continues to pay any amount if at all awarded, as

maintenance pendente lite.

The petitioner is directed to serve a copy of this

revisional application along with a server copy of this order

upon the opposite party within a week from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be

given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)

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