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Judgment
The parties to this case are present in person.
The petitioner has challenged this order dated 1st August, 2017 passed by the Additional Chief Judicial Magistrate, Bidhannagar, Barasat in M. Case
No.706 of 2016.
The Additional Chief Judicial Magistrate, by the impugned order, has awarded interim maintenance directing the present petitioner husband to pay
Rs.5,000/- per month to the opposite party wife and Rs.10,000/- each to the daughters of the petitioner as interim maintenance from the date of
passing of the order till the disposal of the case. The petitioner has pointed out that the matrimonial suit being MAT Suit No.15 of 2016 is pending
before the Additional District Judge, Fast Track Court, Barasat which was filed on behalf of his wife for a decree of divorce on the ground of cruelty
and desertion. The alimony pendentilite on interim terms was awarded to the tune of Rs.30, 000/- per month in total payable by the present petitioning
husband to the wife opposite party herein. Against that order being March 16, 2017 passed under Section 36 of the Special Hindu Marriage Act, 1954
the petitioning husband challenged the alimony in C.O. No.1145 of 2017 and CAN 5834 of 2017 which were disposed of on a condition that if the
petitioner husband pays an ad hoc payment of Rs.1 lakh, the order of alimony so passed shall stand set aside and in the event of ad hoc payment is
made, the trial court should ensure that the petition for alimony pendentilite and maintenance for the minor daughters is disposed of within six weeks
on the ad hoc payment being made. Ad hoc payment has been made to the opposite party wife herein on 20th July, 2917. But direction has not been
followed by the learned trial court to dispose of the alimony pendentilite petition under Section 36 of the Special Marriage Act for disposal within six
weeks as pointed out by the petitioning husband.
In the context above, let this application be listed as “Contested
Applicationâ€â€ in the monthly combined list of April, 2018.
One week time is given to the opposite party wife to file her affidavit in opposition and one week thereafter for affidavit in reply by the petitioning
husband.
Let a copy of this order be sent down to the learned Additional District
Judge, First Track, 4th Court, Barasat for favour of information.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.