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Calcutta High CourtCO/445/2021disposed

Kabita Santra v. Kartick Kumar Santra

2021-03-04Hon'Ble Justice Shampa Sarkar2 pages

4th March, 2021 (D/L 17) (SKB) C.O. 445 of 2021 (Via Video Conference) Smt. Kabita Santra

Versus

Kartick Kumar Santra Mr. Anil Kumar Chattopadhyay ... for the petitioner.

This revisional application has been filed with a prayer for expeditious disposal of Miscellaneous Case No.94 of 2019 arising out of MAT Suit No. 770 of 2019, pending before the learned Additional District Judge, 1st Court, Howrah.

This is an application for maintenance pendente lite under Section 24 of the Hindu Marriage Act. It is the contention of the plaintiff/petitioner that the said application was filed on September 3, 2019 but till date the same has not been heard out and the wife is suffering huge financial hardship on such account.

Having considered the contentions of the petitioner/plaintiff, it appears that the written objection against the application for maintenance pendente lite has been filed on 15th January, 2021 by the husband. Under such circumstances, for the ends of justice, this revisional application is disposed of by directing the learned court below to dispose of the application for maintenance pendente lite expeditiously preferably within a period of three months from the next date fixed upon

allowing the husband to contest the proceeding. The learned court below will proceed independently and in accordance with law without being influenced by any observations made hereinabove.

The petitioner is directed to serve copy of the revisional application along with a server copy of this order upon the opposite party or the learned advocate appearing on behalf of the opposite party in the court below immediately.

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.)