Subrata Pal Chawdhuri v. Sahelee Pal Chawdhuri Bhattacharjee
25.06.2024 Item No.26, DL Ct.19 A.J.
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION C.O. 1951 of 2024 Sri Subrata Pal Chawdhuri -Vs- Smt. Sahelee Pal Chawdhuri (Bhattacharjee) Mr. Pinaki Datta, Ms. Jayashree Saha ...for the petitioner.
Affidavit of service filed on behalf of the petitioner be kept with the record.
None appears on behalf of the opposite party in spite of service.
The petitioner has filed a matrimonial suit for dissolution of his marriage with the opposite party by a decree of divorce. The said suit being Matrimonial Suit No. 2418 of 2021 is pending before the 3rd Fast Track Court of the learned Additional District Judge at Barasat, District : 24Parganas (North). The petitioner is complaining that the application for alimony pendente lite under Section 24 of the Hindu Marriage Act, 1955 filed by the opposite party being Misc. Case No. 397 of 2022 is pending for the last two years. The petitioner is praying expeditious disposal of it. The proviso appended to Section 24 of the said Act of 1955 mandates disposal of an application for maintenance pendente lite within a period of sixty days from the date of service of
notice on the wife or the husband as the case may be.
The said application was filed on December 13, 2022.
In view of the nature of the said application, particularly, the mandate of the relevant provision of the said Act of 1955, the application demands a time-bound disposal.
The learned Trial Judge is requested to adhere to the said mandate of the said provision of the said Act of 1955 and to make all endeavour to dispose of the same as expeditiously as possible, in accordance with law, preferably within a period of sixty days from the date of communication of this order and in doing so, shall not entertain the prayer for any unnecessary adjournment to either of the parties.
The disposal of the suit be expedited subject to payment of all arrear and current maintenance pendente lite.
C.O. 1951 of 2024 is disposed of with the above terms without any order as to costs.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)