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Sumita Sikdar vs Shyamal Kumar Sikdar on 6 February, 2020


Sn 6.2.2020 C.O. 338 of 2020


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

the order.

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.

(Shampa Sarkar,J.)

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