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Calcutta High CourtCO/4536/2023disposed

Sri Suman Das v. Smt. Sneha Das Nee Santra

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

February 1, 2024 Sl. No.183 Court No.19 s.biswas CO 4536 of 2023 Sri Suman Das vs.

Smt. Sneha Das nee Santra Mr. Anirban Kar Mr. Munshi Ashiq Elahi Ms. Snigdha Das ... for the petitioner The petitioner is the defendant/husband who prays for the expeditious disposal of the Matrimonial Suit No.1480 of 2018, which is pending before the learned Additional District Judge, 15th Court at Alipore, District South 24 Parganas. It is submitted by the petitioner that no interlocutory applications are pending. It is submitted that maintenance pendente lite is being paid regularly to the wife. Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending suit, on an urgent basis.

This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite party, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court below to make an endeavour to dispose of the suit within a period of

six months from the next date fixed, without granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite party/wife to contest the proceedings, provided the husband is paying the maintenance pendente lite regularly, as directed by the learned court below. In case of failure to pay maintenance pendente lite, the suit shall not proceed.

The learned court below shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.

Accordingly, the revisional application is disposed of.

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

(Shampa Sarkar, J.)