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Calcutta High CourtCO/1873/1992dismissed

Sri Monoj Kumar Choudhury v. Smt. Jharna Chowdhury

2023-06-19Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

19.6.2023 ct. 236 sk,sl. 5 C.O. 1873 of 1992 Monoj Kr. Choudhury- vs-Jharna Chowdhury.

None appears on behalf of the petitioner.

The Hon'ble Supreme Court in Robin Thapa Vs Rohit Dora, reported in AIR 2019 S.C.C. 3225 held that:

"8 Ordinarily a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible, adjudication be done on merits".

This revisional application challenges the order passed by the learned District Judge, Hooghly in MAT Suit No. 161 of 1989 of 1989, granting sum of Rs. 500/- to the wife-petitioner in a proceeding under Section 24 of the Hindu Marriage Act towards alimony pendente lite and Rs. 600/- as litigation cost. Learned trial court disposed of the application after recording evidence of the parties.

The impugned order does not warrant any intereference. Consequently the revisional application stands dismissed, however, without cost.

(Siddhartha Roy Chowdhury, J)