C.O.1935 of 2018
Swapan Kumar Chakraborty
Ms. Pampa Dey (Dhabal)
…for the petitioner
Mr. Rahul Karmakar,
Ms. Gargi Goswami
…for the opposite party
This is an application under SectionArticle 227 of the Constitution of
India seeking a direction to secure expeditious disposal of a
Matrimonial Suit No.31 of 2005, now pending before the Learned
Additional Judge, 4th Court, Alipore, South 24 Parganas is subject
of challenge in this revisional application.
Learned advocate for the petitioner/husband submits that
upon consideration of the long pendency of the Matrimonial Suit, a
direction maybe passed to secure expeditious disposal of a pending
Adverting to a copy of order passed in C.O.221 of 2014 and
C.O. No.768 of 2018, learned advocate for the petitioner submits
that the direction already passed by the coordinate Bench of this
Court has not even been complied by the learned court below
causing immense hardship to the petitioner/husband.
Learned advocate for the opposite party/wife submits that the
Matrimonial Suit is not matured enough at this stage so as to be
disposed of quickly, because of the pendency of an application filed
by the husband before the court below praying for cross-
examination of wife.
It is also submitted by learned advocate for the opposite
party/wife that after the disposal of the C.O.768 of 2018, the
petitioner-husband has further filed a Review Application being 77
of 2019, which is running in the list maintained by a coordinate
Bench of this Court.
This is a case in which admittedly, a suit for divorce was filed
by the husband/petitioner in the year 2005. In connection with
the pending Matrimonial Suit, the wife filed a petition for alimony
pendente lite which was initially granted at the rate of Rs.1,500/-
and subsequently enhanced to Rs.2,500/-. Because of sudden
change in circumstances, the opposite party/wife filed a separate
petition dated 11th April, 2014 under Section 151 C.P.C. praying
for further enhancement of her alimony pendente lite from
Rs.2,500/- to Rs.20,000/- per month. The learned court below
disposed of the petition dated 11th April, 2014 under Section 151
C.P.C. directing husband to pay Rs.4,000/- per month as
enhanced maintenance pendente lite with effect from April, 2014.
The wife/opposite party felt aggrieved with the order granting
enhancement, and moved the High Court in connection with
C.O.768 of 2018. Some new directions have been passed in
C.O.768 of 2018 asking the learned court below to decide the
matter afresh complying with the directions contained therein. It
was also ordered in C.O.768 of 2018 directing the learned court
below to dispose of the Matrimonial Suit itself within period of four
weeks from the date of disposal of the application for enhanced
maintenance. The situation as it stands, is very conspicuous to
reveal that there has been a direction to secure expeditious
disposal earlier in the year 2015 in connection with C.O.221 of
Further in the year 2018, a direction afresh has already been
passed asking the learned court below to dispose of the
Matrimonial Suit itself within a period of four months from the
date of disposal of the application for enhanced maintenance.
It is, thus, without any controversy that direction is already
there to secure expeditious disposal and as such no further
direction does not call for.
When admittedly, a review application has been filed by the
petitioner/husband in connection with Review Application No.77 of
2019, which is running in the list of a coordinate Bench of this
Court, and when admittedly, the petitioner/husband has already
filed an application before the learned court below for cross-
examination of the opposite party/wife in connection with her
prayer for enhanced maintenance, this Court is of the view that
unless the review application is disposed of, and further the
interlocutory application is disposed of by the learned court below,
any such direction, if passed, that will be a ridiculous exercise.
However, when there is already direction to secure expeditious
disposal, this Court is of the view that the learned court is
expected to put his sincerest efforts to secure expeditious disposal,
having understood the message conveyed in C.O.768 of 2018
without granting unnecessary adjournment, unless unavoidable.
With this observation/direction, this revisional application
stands disposed of.
Urgent certified photostat copy of this order, if applied for, be
given to the parties as expeditiously as possible on compliance of
all necessary formalities.
(Subhasis Dasgupta, J.)