Sundaram Devnath v. Sanchari Deb

05.09.2023 Sl. No.161(DL) srm C.O. No. 1486 of 2022 Sri Sundaram Devnath

Versus

Smt. Sanchari Deb Mr. Arijit Sarkar Ms. Prajaaini Das ...for the Petitioner.

The petitioner is the husband in Matrimonial Suit No.125 of 2020, which is pending before the learned Additional District Judge, Fast Track (2nd Court) at Barasat, North 24-Parganas.

It is submitted that an application for maintenance pendente lite as also an application under Section 151 of the Civil Procedure are pending.

The petitioner prays for expeditious disposal of the matrimonial suit along with the applications. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite party is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to

dispose of the applications within a period of four months from the next date fixed, independently and strictly in accordance with law. The contesting party shall be given an opportunity to file written objections, if not already filed. Upon disposal of the applications, the suit shall be disposed of within a period of one year, in accordance with law, if the husband pays maintenance as may be directed by the court. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the suit nor gone into the merits of applications. This order shall not be construed as an order for grant of maintenance. The said question shall be determined by the court.

A copy of the revisional application, along with a server copy of this order, be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)