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08.07.2019

Item No.85
Ct. No.22
CHC

C.O.1935 of 2018

Swapan Kumar Chakraborty
Vs.

Rita 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

Matrimonial Suit.

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.
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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.
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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

2014.

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
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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.)