Barnali Majumdar v. Kalyan Majumdar

sandip Ct. 19 13.09.2024 In The High Court At Calcutta Civil Revisional Jurisdiction C.O. No. 2491 of 2024 Smt. Barnali Majumdar Vs.

Sri Kalyan Majumdar Mr. Aiswarjya Gupta ... For the petitioner. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such, service of notice of the present application upon the said opposite party is dispensed with.

The husband of the petitioner, the opposite party herein has filed a suit being Matrimonial Suit No. 377 of 2018 for dissolution of the marriage between the parties by a decree of divorce. The said suit is pending before the 2nd Court of learned Additional District Judge, Sealdah, District - 24 Parganas (South). In the said suit, the petitioner has filed an application under Section 36 of the Special Marriage Act, 1954 for alimony pendente lite registered as Misc. Case No. 02 of 2019.

The petitioner is complaining delay in disposal of said application.

Ms. Aiswarjya Gupta, learned advocate for the petitioner submits that the petitioner is suffering from

different kinds of ailments and the date of her operation has been fixed and for the said purpose, she requires immediate financial assistance, she prays that the said Misc. case be disposed of expeditiously. This Court is informed that the said Misc. case has reached to the stage of argument, as such there can be no impediment in expeditious disposal of the said matter, accordingly the learned Trial Judge is requested to dispose of the Misc. case as expeditiously as possible in accordance with law, if necessary, by preponing the date already fixed.

C.O. 2491 of 2024 is disposed of with the above terms without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)