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2026 DAILYLAW 44104 (CAL)

DEBASHIS CHAKRABARTI v. SHAMPA CHAKRABARTY

CO/3195/2026 · 2026-09-21

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 12 21/09/2026 Ct. No.- 6 Aritra C.O. 3195 of 2026 Debashis Chakrabarti Vs. Shampa Chakrabarty Mr. Ratul Das Mr. Shoham Sanyal ….for the petitioner This application under Article 227 of the Constitution of India is at the instance of the husband and is directed against an order being No.91 dated May 8, 2026 passed by the learned Additional District Judge, 13th Court at Alipore in Matrimonial Suit No.61 of 2017. By the order impugned the hearing of the matrimonial suit was adjourned till the disposal of the Misc. Case No.75 of 2018. It is now well-settled that an application for alimony pendente lite has to be disposed of prior to the taking up the hearing of the matrimonial suit. For such reason this Court is not inclined to interfere with the order impugned. At this stage, the learned advocate appearing for the petitioner submits that the miscellaneous case filed by the wife/opposite party praying for alimony pendente lite being Misc. Case No.75 of 2018 is pending for a long time. He further submits that the wife/opposite party is deliberately delaying the disposal of the miscellaneous case. In course of hearing of this application the learned advocate appearing for the petitioner produces a copy of the order dated September 14, 2026 passed in Misc. Case No.75 of 2018. 2 The copy of the said order is taken on record. Upon going through the said order this Court finds that December 14, 2026 is fixed for further cross- examination of P.W.1 in the said miscellaneous case. 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 for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or the learned advocate representing the opposite party before the learned trial judge. In the light of the submissions made by the learned advocate for the petitioner, CO 3195 of 2026 stands disposed of by requesting the learned Additional District Judge, 13th Court at Alipore to take up the further cross- examination of P.W.1 in Misc. Case No.75 of 2018 on the next date fixed i.e. on December 14, 2026 and make an endeavour to complete the cross-examination of P.W.1 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. The learned Additional District Judge, 13th Court at Alipore is further requested to make an endeavour to dispose of the Misc. Case No.75 of 2018 as expeditiously as possible but preferably within a period of six (6) months from the next date fixed without granting any unnecessary adjournments to either of the parties. After disposal of the miscellaneous case the learned trial judge shall make an endeavour to dispose of the 3 Matrimonial Suit No.61 of 2017 as expeditiously as possible provided the petitioner is not in default in complying with the order passed, if any, in the miscellaneous case for alimony pendente lite. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)