Sri Sujit De v. Smt. Priyanka De(Nee Kundu)
February 13, 2024 Sl. No.38 Court No.19 s.biswas CO 96 of 2024 Sri Sujit De vs.
Smt. Priyanka De (nee Kundu) Mr. Pratip Kr. Chatterjee Mr. Masud Mallik ... for the petitioner The petitioner/husband prays for expeditious disposal of the Matrimonial Suit No.325 of 2020, which is pending before the learned District Judge, Hooghly. It is submitted that the suit is at the stage of evidence. It is further submitted that the maintenance pendente lite along with arrears are being paid regularly to the wife.
Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending suit, on an urgent basis.
This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite party, would not be necessary. The prayer is innocuous and reasonable.
The revisional application is disposed of with a direction upon the learned court below to make an endeavour to dispose of the suit within a period of six months from the next date fixed, without
granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite party/wife to contest the proceedings, provided the husband continues to pay the maintenance pendente lite regularly, as directed by the competent court. In case of failure to pay maintenance pendente lite, the suit shall not proceed.
The learned court below shall proceed strictly in accordance with law and independently.
Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.
Accordingly, the revisional application is disposed of.
All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)