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Judgments of Supreme Court of India and High Courts

Joydev Ghosh vs Polly Ghosh on 11 February, 2020

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Sn 11.2.2020 C.O. 451 of 2020
108

JOYDEV GHOSH VS. POLLY GHOSH

Ms. Sohini Chakraborty
Ms. Prajaani Das
..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. 103 of 2019 pending before the learned Additional

District Judge, 13th Court, Alipore, South 24 Parganas has

preferred this revisional application praying for expeditious

disposal of Misc. Case 937 of 2016 which is an application for

maintenance pendente lite filed by the husband claiming

maintenance from his wife.

It is urged by the learned Advocate for the

petitioner that the wife/opposite party has not yet filed the

written objection to the Misc.Case and the Misc. Case for

maintenance pendente lite has been pending for three years. It

is further stated that the opposite party has been taking
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adjournment day‐after‐day and the suit has not progressed.

Under such circumstances, this revisional

application is disposed of with a request to the learned

Additional District Judge, 13th Court, Alipore, South 24

Parganas to dispose of the Misc. Case No. 937 of 2016 within a

month by allowing the opposite party to file her written

objection to the said Misc. Case as a last chance.

Upon disposal of Misc. Case, the learned Court

below is requested to dispose of the suit with all pending

applications within a period of one month from the date of

communication of this order.

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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