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Suman Sarkar vs Manisha Dutta Sarkar on 23 December, 2019

1

S/L 50
23.12.2019
Ct. No. 19

GB
C.O. 4236 of 2019

Suman Sarkar
Vs.

Manisha Dutta Sarkar

Mr. Sudipta Kumar Bose.

… for the Petitioner.

The petitioner before this Court is the husband/petitioner in Matrimonial Suit

No.53 of 2018 pending before the learned Additional District Judge, 1st Court at Asansol,

district Paschim Burdwan. The petitioner prays for expeditious disposal of Misc. Case

No.8 of 2019 as also the Matrimonial Suit No.53 of 2018.

It is submitted on behalf of the petitioner that the Misc. Case No.8 of 2019 was filed

by the wife for maintenance pendente lite under Section 36 of the Special Hindu Marriage

Act, 1954. The said application was filed sometime in the month of March, 2019 but the

same has not yet been disposed of. It is submitted by the petitioner that the wife in

matrimonial suit, is taking adjournments in both Matrimonial Suit No.53 of 2018 and

Misc. Case No.8 of 2019 and the same are pending disposal before the learned Additional

District Judge, 1st Court at Asansol, District Paschim Burdwan.

I am of the opinion that justice would be sub-served if the learned Additional

District Judge, 1st Court at Asansol, District Paschim Burdwan is directed to dispose of the

Misc. Case No.8 of 2019 as expeditiously as possible preferably within a period of two

months from the date of communication of this order. Once the misc. case is disposed of

the learned Court below shall make all endeavour to dispose of the Matrimonial Suit

No.53 of 2018 as expeditiously as possible preferably within a period of six months

without granting unnecessary adjournments to either of the parties. In view of the

provision of Section 40-B the learned Court below is directed to complete the entire

proceedings within the abovementioned time as directed fixed by this Court.

This time limit to dispose of Matrimonial Suit 53 of 2018 will not bind the learned

Court below, if any alimony awarded by the Court below while disposing of Misc. Case

No.8 of 2019 is not paid by the petitioner as directed by the learned court below.
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The petitioner is directed to serve a copy of this application along with a server

copy of this order upon the opposite party within a week from date.

This revisional application is, thus, disposed of.

There will be, however, no order as to costs.

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

on priority basis.

(Shampa Sarkar, J.)

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