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Judgments of Supreme Court of India and High Courts

Subhendu Saha vs Moli Saha on 11 March, 2020

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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.)

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