Kushal Roy v. Priya Gupta

23-04-2025 Item no.18

IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction Subrata Bhattacharyya AR(C) CO No.1305 of 2025 Kushal Roy -vsPriya Gupta Mr. Kamalesh Ch Saha ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the husband praying for a direction upon the learned Additional District Judge, Fast Track Court-III at Barrackpore to dispose of Matrimonial Suit No.1427A of 2020 expeditiously. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of notice to the opposite party. However, learned advocate for the petitioner shall be obliged to forward a copy of the instant revisional application along with this order upon the opposite party or upon the learned advocate representing the opposite party before the learned trial judge. From the order sheet appended to this application, this court finds that the wife has filed an application under section 36 of the Special Marriage Act, 1954 seeking alimony pendente lite.

Learned counsel for the petitioner submits that the said application was filed three years after the filing of the suit. However, the fact remains that the section 36 application is to be disposed of prior to hearing of the matrimonial suit.

In the light of the submission made on behalf of the

petitioner, CO No.1305 of 2025 is disposed of by requesting the learned Additional District Judge, Fast Track Court-III at Barrackpore to dispose of the wife's application under section 36 of the Special Marriage Act, 1954 as expeditiously as possible without granting unnecessary adjournments to either of the parties. After disposal of the said section 36 application, learned Additional District Judge is requested to proceed with the hearing of the matrimonial suit in accordance with law.

Certified copy of this order, if applied for, shall be made available to the parties.

[Hiranmay Bhattacharyya, J]