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11.03.2020
Court No. 19
Item No. 18
CP
C.O. 869 of 2020
Subhendu Saha
vs.
Moli Saha
Ms. S. B. Thakur.
…..for the petitioner.
The husband in Matrimonial Suit No. 91 of 2015, pending before the
learned Additional District Judge, 13th Court at Alipore, has preferred this
revisional application praying for expeditious disposal of Misc. Case No. 7 of 2016
filed by the wife under Section 36 of the Special Marriage Act for maintenance
pendente lite.
According to the petitioner, the said Misc. Case did not proceed as some
time was spent in mediation. Mediation failed. It is further submitted that the
said Misc. Case has been fixed for final hearing and the petitioner has already
filed his affidavit-in-chief in respect of the main suit.
Under such circumstances, the revisional application is disposed of with a
direction upon the learned court below to dispose of the Misc. Case No. 7 of 2016
as expeditiously as possible, preferably within a month from the next date fixed
and upon conclusion of the Misc. Case, the suit should be disposed of
expeditiously.
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However, if it is found that the husband neglects to pay the amount of
maintenance if awarded by the learned court below, then the learned court below
shall not be bound by this order insofar as disposal of the Matrimonial Suit is
concerned. In case the husband complies with the order, if passed, granting
maintenance pendente lite in favour of the wife and the child then the
Matrimonial Suit will be decided on its own merits and disposed of within a
period of eight months from the date of disposal of Misc. Case No. 7 of 2016.
This Court has not gone into the merits of the claim of the petitioner and
the same will be disposed of in accordance with law.
The petitioner is directed to serve a copy of this revisional application upon
the opposite parties along with a server copy of this order during the course of
this week.
The revisional application is thus disposed of.
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.)
