Partha Protim Bhattacharyya v. Soma Bhattacharyya

Sn 14.1.21 C.O. 64 of 2021 PARTHA PROTIM BHATTACHARYYA VS, SOMA BHATTACHARYYA Mr. Abhishek Prasad Mr. Probal Sarkar ..for the petitioner This revisional application has been filed by the husband in MAT Suit No.27 of 2019, pending before the learned District Judge, Murshidabad at Behrampore. The petitioner prays for expeditious disposal of the matrimonial suit.

By an order dated December 17, 2019, the Misc. Case filed by the wife claiming maintenance pendente lite was allowed. It is submitted that the husband has been paying maintenance as directed by the learned Court below. It is further submitted that although the suit was filed in 2019, January 5, 2021 was the date fixed for filing the written statement. Records reveal that the suit has not progressed. If the husband has been paying maintenance pendente lite, as directed by the learned Court below, the learned District Judge, Murshidabad is directed to dispose of the Matrimonial Suit No. 27 of 2019 along

with such interlocutory applications that may be filed, as expeditiously as possible preferably within a period of two years from the date of communication of this order. It is clarified that if the maintenance pendente lite is not paid regularly, then this order shall not be operational and the learned Court below may proceed in accordance with law.

This Court has not made any observations with regard to the merits of the case and the learned Court below shall deal with the suit independently without being influenced by any observations made hereinabove.

The petitioner is directed to serve a copy of the 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.)