SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rudra Pprasad Bhaumik vs Arpita Bhaumik on 6 February, 2020


Sn 6.2.2020 C.O. 288 of 2020


Mr. Shakya Sen
Ms. Sucharita Roy
..for the petitioner

This is an application filed by the

husband/petitioner in Matrimonial Suit No.1447 of 2017

pending before 15th Additional District Judge, Alipore, South

24 Parganas. The petitioner seeks expeditious disposal of the

said matrimonial suit.

It is the contention of the petitioner that as many as

9 (nine days) had been fixed by the learned Court below for

reconciliation but the opposite party/wife did not appear. It is

further contended that on each of the day adjournment was

prayed for and the same was granted. Certified copies annexed

to the petition also reveal the same.

It now appears that an application under Section 36

of the Hindu Marriage Act filed by the opposite party/wife,

maintenance pendente lite @ Rs.12,000/‐ per month was

allowed by the learned Court below and some instalments

were not paid. The opposite party/wife has filed an application

for stay of all further proceedings in the pending matrimonial

suit. The said application was filed on December 12, 2019. The

said application has been fixed for hearing on February 10,

2020. In view of the fact that the matrimonial suit has been

dragging for a considerable period of time, this Court is of the

opinion that for the ends of justice, the suit should proceed

expeditiously of course if the petitioner liquidates the arrears

and pays the maintenance as directed.

This revisional application is disposed of with a

direction upon the learned Court below to dispose of the

application for stay fixed for hearing on February 10, 2020

within the next date fixed or soon thereafter but preferably

within a month from date.

It is made clear that if the husband does not make

any default in paying the maintenance pendente lite then

Matrimonial Suit No. 1447 of 2017 shall be disposed of

expeditiously preferably within a year 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.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation