Sn 6.2.2020 C.O. 338 of 2020
SUMITA SIKDAR VS. SHYAMAL KUMAR SIKDAR
Mr. Prantick Ghosh
..for the petitioner
This matter is taken up out of turn on the ground
of urgency as mentioned by the learned Advocate.
This is an application filed by the wife for
expeditious disposal of the Matrimonial Execution Case No.1
of 2017 arising out of an order dated April 1, 2013 passed by
the learned Additional District Judge, 2nd Court, Barasat, North
24 Parganas in Matrimonial Suit No.159 of 2011.
It is the contention of the petitioner that despite an
order under Section 24 of the Hindu Marriage Act, which was
affirmed by this High Court, the petitioner did not pay a single
farthing and ultimately allowed the suit to be dismissed for
default. When the Matrimonial Execution Case was filed by the
petitioner for making payment of arrear amount of
maintenance pendente lite, the husband filed an application
before this Court for recalling of the order affirming the order
of maintenance pendente lite along with an application for
condonation of delay. However, in the meantime, Matrimonial
Suit No.159 of 2011 has been dismissed for default and the
petitioner filed a Matrimonial Execution Case praying for
arrears upto the date of dismissal of the suit from the date of
This revisional application is disposed of with a
direction upon the learned Court below to expedite the hearing
of the Matrimonial Execution Case No.1 of 2017 and conclude
the same within a period of three months from the date of
communication of this order.
The petitioner is directed to serve a copy of this
revisional application along with a server copy of this order
upon the opposite party within a week from date.
This revisional application is disposed of.
There will be however no order as to costs.
Urgent photostat certified copy of this order be
given to the parties on priority basis, if the same is applied for.