Abhishek Biswas v. Moumita Dey Biswas

18.03.2021 Sl. No. 32 srm C.O. No. 606 of 2021 Sri Abhisekh Biswas Vs.

Smt. Moumita (Dey) Biswas Mr. Susenjit Banik, Mr. Gausul Alam ...for the Petitioner.

This revisional application has been filed by the husband in Matrimonial Suit No.107 of 2015 pending before the learned Additional District Judge at Alipore, District 24Parganas (South). The petitioner prays for expeditious disposal of the application under Section 24 of the Hindu Marriage Act. Taking note of the age of the suit, this Court feels that justice would be sub-served, if the revisional application is disposed of by directing the learned Court below to dispose of the application for maintenance pendente lite being Misc. Case No.5176 of 2016, within a period of three months from the next date fixed upon allowing the parties to adduce their evidence. Upon disposal of the Misc. case, the learned Court below shall make serious endeavour to dispose of the matrimonial suit within one year thereafter.

It is made clear that the husband shall make payment of the maintenance pendente lite, if directed by the learned Court.

In case of default the learned Court below shall proceed in accordance with law.

The learned Court below shall proceed on the merits of the case and in accordance with law. This Court has not gone into the rival claims of the parties It is also made clear that unnecessary adjournments shall not be granted 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/wife 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.)