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Calcutta High CourtCO/4003/2023disposed

Ashim Biswas v. Rita Biswas Das

2024-02-01Hon'Ble Justice Shampa Sarkar2 pages

Item No. 9 01.02.2024 Court. No. 19 GB C.O. 4003 of 2023 Ashim Biswas Vs.

Rita Biswas (Das) Mr. Debasish Kundu, Mr. Bidan Modak ... for the Petitioner.

The Court does not find any reason to interfere with the order no.10 dated September 11, 2023. The learned court has fixed December 2, 2023 for hearing as a last chance. The hearing has been fixed in respect of the application filed by the wife for an order of attachment of the salary of the husband on account of unpaid maintenance pendente lite. The husband, after several opportunities, filed his written objection. It also appears that in innumerable occasions the husband had prayed for extension of time. Thus, the court fixed the hearing as a last chance to prevent the husband from praying for further adjournments. The learned court correctly proceeded with the matter and had fixed the application filed by the wife, for final hearing. The revisional application is, thus, disposed of. Th learned court shall proceed with the hearing of the application along with the objection filed by the husband in the presence of the parties.

This Court is not inclined to make any observation on the merits of the claim of the wife. The learned court will

decide such claim upon considering the rival contentions and the facts and law.

It is made clear that till the execution case is disposed of, the matrimonial suit will not proceed.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)