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Smt. Ruchika Agarwal vs Sri Vikas Agarwal on 29 March, 2017


C.O. No.1713 of 2016
Smt. Ruchika Agarwal
Sri Vikas Agarwal

SL-27 Mr. Aniruddha Chatterjee
(S.R.) Mr. Ankit Agarwala
Ms. Alotriya Mukherjee … for the petitioner.

Mr. Debjit Mukherjee
Mr. Lokesh Sharma
Mr. A. Sharma … for the opposite party.

The revisional application has been preferred by the

wife ventilating her grievance that the order impugned has

been directed by the learned Trial Court by giving effect

from the date of order which, according to the petitioner’s

wife, ought to be from the date of original application

under Section 24 of the Hindu Marriage Act, 1955.

Mr. Mukherjee representing the opposite

party/husband submitted that challenging the self-same

order and with a view to reduce the amount of the

maintenance pendente lite as granted by the learned Trial

Court modifying earlier order passed under Section 24 of

the Act, another revisional application being C.O. No.2109

of 2016 has been filed which is pending before other co-

ordinate bench and, according to Mr. Mukherjee, both the

applications should be heard together by the same Court,

since both applications arose out of the same order.

Although, this Court observes that the lis of the respective

revisional applications are different, though arose from

the self-same order passed by learned Trial Court, and,

since learned counsel for the opposite party also

submitted about his inconvenience today for want of

learned senior with him the hearing is adjourned and, if,

so advised either of the parties may take appropriate step

so that both the cases may be heard together by the same

Court. Alternatively this matter shall come up in the list

of this Court on 18th April, 2017 for hearing.

Be it made clear that since this Court did not grant

any stay order halting further proceeding of the

matrimonial suit pending before learned Trial Court,

learned Trial Judge is free to proceed with the suit for its

expeditious disposal.

(Mir Dara Sheko, J.)

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