Court No. 19
Item No. 25
C.O. 4044 of 2019
Mr. Satyam Mukherjee,
Mr. Anirban Das.
… For the Petitioner.
This is an application filed by the husband in the Matrimonial Suit being MAT
Suit No. 1894 of 2016 pending before the learned Additional District Judge, 4th
Court at Barasat, District 24 Parganas (North).
The husband is aggrieved by the delay in disposal of the said matrimonial suit.
It is contended that Misc. Case No. 34 of 2017 under Sectionsection 36 of the Special
Marriage Act has already been disposed of and as such there was no further
impediment in concluding the hearing of the suit.
It appears that the matrimonial suit was filed in 2016 and the same was delayed
due to pendency of Misc. Case No. 34 of 2017. It now appears that the written
statement had been filed by the opposite party/ wife in the main suit.
As Misc. Case No. 34 of 2019 has been disposed of and it is submitted that no
interlocutory applications are pending, I request the learned Additional
District Judge, 4th Court at Barasat, District 24 Parganas (North), to dispose
of the matrimonial suit being Mat Suit No. 1894 of 2016 as expeditiously as
possible, preferably within a year from date without granting any unnecessary
adjournments to either of the parties.
However, if the petitioner fails to pay the maintenance pendente lite, this
order will not bind upon the learned court below.
The revisional application is disposed of. There will be no order as to costs.
The petitioner is directed to serve a copy of this application along with a
server copy of this order upon the opposite party.
Urgent photostat certified copy of this order, if applied for, be given to the
parties as expeditiously as possible.
(Shampa Sarkar, J.)