C.O. 1400 of 2025 07.07.2026 Sl no. 38 Mousam Mondal. Ct no. 2 - Vs – P.M. Purnima Mondal (Mistri) Mr. Ritam Biswas ... for the petitioners. Mr. Sounak Mondal ... for the opposite party. 1. Present petition has been filed challenging the order dated 21st January, 2025 whereby the learned Trial Court stayed the further proceedings of MAT Suit No. 949 of 2022 on the failure of the petitioner to pay maintenance pendente lite and litigation cost. 2. Learned counsel for the opposite party/wife submits that unless the husband pays the maintenance pendente lite and the litigation expenses the opposite party/wife is not in a position to contest the MAT Suit and, therefore, learned Trial Court has passed the correct order. 3. Section 24 of the Hindu Marriage Act provides for the grant of maintenance pendente lite and the litigation expenses after taking into account the income of the parties. Section 28A of the Hindu Marriage Act provides a mechanism for the enforcement of any order passed under the Hindu Marriage Act, 1955. Section 28A of the Hindu Marriage Act provides that all orders passed in the same shall be enforced as the decree and order of the Court made in exercise of this original civil jurisdiction. Thus the entire mechanism for execution as provided under the Code of Civil Procedure, 1908 are available with the wife for enforcement of such order. However, this court do not find any cogent reason for the stay of the proceedings on the maintenance amount being not paid. 4. The Court considers that the impugned order is liable to be set aside. Hence the order dated 21st January, 2025 is set aside. Learned Trial Court is directed to dispose of MAT Suit No. 949 of 2022 expeditiously in accordance with law without granting unnecessary adjournment. Before parting with the opposite party/wife may take appropriate legal proceedings for enforcement of the order granting the 2 maintenance pendente lite and litigation expenses in accordance with law. 5. This petition stands disposed of. 6. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.) 3