Vikash Mahansaria v. Anuja Mahansaria @ Agarwal

Court No. 6 CO 3125 of 2025 (265719) 08.09.2025 Vikash Mahansaria Vs.

Anuja Mahansaria @ Agarwal (AD 41) (S. Banerjee) Mr. Ayan Dutta ...for the petitioner After the entire list was called, Mr. Dutta, learned advocate for the petitioner mentioned this matter citing grave urgency.

In view thereof, this matter is taken up on the request made by Mr. Dutta.

This application under Article 227 of the Constitution of India is at the instance of the husband praying for a direction upon the Additional District Judge, 16th Court at Alipore to dispose of the Matrimonial Suit No. 1703 of 2020 expeditiously. Learned advocate appearing for the petitioner submits that the PW-1 was examined in part and thereafter the hearing of the matrimonial suit is being adjourned from time to time on the prayer of the wife/opposite party herein.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any

notice upon the opposite party. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this 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-sheets appended to this application this court finds that a Misc. Case being no. 512 of 2024 is pending.

On a query of the court learned advocate appearing for the petitioner submits that the said misc. case is at the instance of the wife/opposite party herein claiming alimony pendente lite.

Since a misc. case for payment of alimony pendente lite is pending, this court is not inclined to pass any direction for expeditious hearing of the matrimonial suit at this stage.

Learned advocate appearing for the petitioner submits that the misc. case is otherwise ready for hearing.

In the light of the submissions made by the learned advocate appearing for the petitioner CO 3125 of 2025 stands disposed of by requesting the Additional District Judge, 16th Court at Alipore to take up the hearing of the Misc. Case No. 512 of 2024 on

the next date fixed and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

After disposal of the misc. case, the Additional District Judge, 16th Court at Alipore is requested to make an endeavour to dispose of Matrimonial Suit No. 1703 of 2020 as expeditiously as possible without granting any unnecessary adjournment to either of the parties provided the husband/petitioner is not in default in payment of alimony or maintenance. (Hiranmay Bhattacharyya, J.)