Anima Guha v. Subrota Guha

22.09.2025 Item no. 16.

Court No.6.

AB C. O. 3471 of 2025 Anima Guha Vs Subrota Guha Mr. Satyam Mukherjee, Mr. Saibal Rakshit .....for the Petitioner.

This application under Article 227 of the Constitution of India is at the instance of the wife and is directed against an order no.94 dated 27.08.2025 passed by the learned Additional District Judge, Fast Track, 4th Court, Barasat, North 24 Parganas in Matrimonial Suit No.04 of 2012.

The learned advocate appearing for the petitioner submits that the learned Trial Judge rejected the application for enhancement of alimony on the ground that the suit was fixed for argument. He submits that the order for directing payment of alimony was passed long back and since the daughter is studying at Class XII, alimony is required to be enhanced.

Record reveals that the matrimonial suit reached the stage of argument since June 26, 2023 and it has been recorded by the learned Trial Court that since after June 26, 2023, the wife/opposite party went on filing different petitions like petition under Order 6 Rule 17 read with Section 151 CPC on subsequent

dates, which were rejected on merits, and the main suit was fixed for argument.

Thereafter, the application for enhancement of alimony was filed on 20.02.2024. The learned Trial Judge further recorded that due to filing of such interlocutory applications, the instant suit could not be proceeded for argument.

The learned Trial Judge was right in rejecting the application for enhancement of alimony filed long after the suit was fixed for argument.

For such reason, this Court is not inclined to interfere with the order impugned.

C. O. No.3471 of 2025 stands dismissed.

(Hiranmay Bhattacharyya, J.)