Sn 6.2.2020 C.O. 288 of 2020
RUDRA PPRASAD BHAUMIK VS. ARPITA BHAUMIK.
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.