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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.)
