1
28.04.2017
(26)
AKS
C.O. No. 4179 of 2016
Saibal Ganguly
Vs.
Sarami Ganguly
Ms. Deboleena Ganguly
…for the petitioner.
Mr. Sarathi Dasgupta
Ms. Subhasree Patel
… for the opposite party.
This application being C.O. 4179 of 2016 though has been assailing the order
no.16 dated 16-08-2016, but virtually the main moto is to seek direction of this court so
that the matrimonial suit as well as the pending application under Section 36 of the
Special Marriage Act be expedited within the stipulated period.
Mr. Dasgupta, learned Advocate, being assisted by Ms. Patel representing the
opposite party/wife submitted that he has already filed Vokalatnama in the
department.
Ms. Ganguly, learned Advocate, is present to represent the petitioner/husband.
Heard both sides. Considering the innocuous prayer and taking note of the fact
that in the matrimonial suit filed by the husband being in the year 2015 seeking divorce
against his wife on ground of cruelty, the opposite party/wife filed an application under
Section 36 of the Special Marriage Act seeking maintenance pendente lite and litigation
cost which has not yet been disposed of. Though Ms. Ganguly tried to impress that let
the main suit along with the Misc. Case be disposed of in expeditious manner, but
considering the submission of the learned Advocate for the opposite party, and,
2
desirability of disposal of the application for maintenance pendente lite earlier, i.e.
before taking up the proceeding of the main suit, so that, by affording the cost of
litigation the wife can engage an Advocate of her own choice for defending herself in
the suit.
However, this court desires to dispose of such innocuous application by giving
certain directions upon the learned trial court, as the matter is pending since 2015. The
C.O. is accordingly disposed of directing the learned trial Judge to take up the hearing
of Misc. Case 31 of 2015 for its expeditious disposal within the period not exceeding
three months from the date of communication of this order which shall be deemed to be
a direction of this court as peremptory in nature.
It is further directed that thereafter subject to exhausting other interlocutory
stages, if any pending learned trial court shall proceed to bring the main suit for divorce
in the peremptory board for its expeditious disposal by fixing the date (s) according to
convenience of the diary of the court without grant of unnecessary adjournment to
either of the parties.
There will be no order as to costs.
Department is directed to communicate a copy of this order to the learned
trial court for information and to act accordingly.
Urgent Photostat certified copy of this order, if applied for, be supplied to
the parties on priority basis.
( Mir Dara Sheko, J.)
3
