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Saheli Sen (Talukdar) vs Amlan Talukdar on 7 February, 2020

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07.02.2020
Court No. 19
Item No. 3
CP
C.O. 2791 of 2019

Saheli Sen (Talukdar)
vs.

Amlan Talukdar

Mr. Sounak Bhattacharya.

…..for the petitioner.

Mr. Sharanya Chatterjee.

…for the opposite party.

The wife, in Matrimonial Suit No. 1415 of 2018 pending before the learned

Additional District Judge, Fast Track, 4th Court at Barrackpore, District 24

Parganas (North), has preferred this application being aggrieved by the orders

dated June 11, 2019 and June 13, 2019.

By the order dated June 11, 2019, the learned court below kept the

application for maintenance pendente lite pending with a view to dispose of the

same along with the Matrimonial Suit in view of the fact that Rs.25,000/- per

month was being paid to the wife and the son by the husband. By the order

dated June 13, 2019, the learned court below proceeded with the hearing of the

suit.

The orders impugned are perverse, inasmuch as, the whole purpose of

application under Section 24 of the Hindu Marriage Act was to provide

maintenance pendente lite to the wife and children which means that this was
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the interim allowance that the husband was statutorily liable to provide to the

wife and children till the disposal of a Matrimonial Suit. As such, on a mere

observation that the husband was already paying Rs.25,000/-, without having a

contested hearing on the application for maintenance pendente lite the learned

Court below erred in keeping the said application pending till the disposal of the

suit. The orders impugned are set aside and quashed.

The learned court below is directed to hear out the application under

Section 24 of the Hindu Marriage Act as expeditiously as possible, preferably

within a period of two months from date of communication of this order. The

learned Court below will hear the parties and pass an order without being

influenced by this order.

Till the disposal of the said application, the learned court shall not proceed

with the evidence in respect of the main suit.

The revisional application is thus allowed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the

parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)

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