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Calcutta High CourtCO/385/2021disposed

Smt Mononita Ghosh Nee Poddar v. Biplab Kumar Ghosh

2021-02-24Hon'Ble Justice Shampa Sarkar2 pages

CO 385 of 2021 sg 24-02-2021 Ct. 19 Smt. Mononita Ghosh nee Poddar

Versus

Biplab Kumar Ghosh (Through Video Conference) S. Ghosh Dastidar, Adv.

Ms. S. Roy, Adv.

for the petitioner This revisional application has been filed with a prayer for expeditious disposal of Matrimonial Execution Case No. 1 of 2019 arising out of a Matrimonial Suit No. 305 of 2016. It is submitted by the learned Advocate for the petitioner that the order passed by the learned Court below allowing maintenance pendenti lite has been violated by the opposite party. That the interim order of maintenance of Rs.3000/- over an above the amount directed by the learned Criminal Court in a proceeding under the Domestic Violence Act has not been paid. Being aggrieved, the petitioner preferred the execution case. The execution case has been filed in 2019. The records reveal that several dates have been fixed by the learned Court below for hearing of the same but the said application has not yet been disposed of.

It is further submitted that the petitioner is facing serious financial hardship on account of non-compliance of the interim order of maintenance passed by the learned Court below.

with a direction upon the learned Court below to expedite the disposal of the Matrimonial Execution Case No. 1 of 2019 on its own merits independently and without being influenced by any observations made hereinabove.

The said application should be disposed of without a period of two months from the next date fixed without granting any unnecessary adjournments to either of the parties.

The learned Advocate on record for the petitioner is directed to serve a copy of this revisional application upon the opposite party along with a server copy of this order immediately. The revisional application is disposed of.

There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.

(Shampa Sarkar, J.)