Calcutta High Court
CO/3428/2026 of CHANDAN SARKAR Vs SOMA KANDU SARKAR on 30 September 2026
Ct. No.- 6 Aritra C.O. 3428 of 2026 Chandan Sarkar Vs. Soma Kandu @ Soma Kundu Mr. Kaushik Choudhury Mr. Dwaipayan Panda Mr. Tridib Das ….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
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D/L- 45 30/09/2026 Ct. No.- 6 Aritra C.O. 3428 of 2026
Chandan Sarkar Vs. Soma Kandu @ Soma Kundu
Mr. Kaushik Choudhury Mr. Dwaipayan Panda Mr. Tridib Das ….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 dated April 30, 2026 passed by the learned Additional District Judge, Fast Track Court at Balurghat, District-Dakshin Dinajpur in Misc. Case No.7 of 2024. By the order impugned the petitioner was directed to pay alimony pendente lite as well as litigation cost. The learned advocate appearing for the petitioner submits that since the suit has been withdrawn the petitioner cannot be saddled with the liability to pay alimony. It is now well-settled that withdrawal of a matrimonial suit cannot take away the accrued right of the wife to get alimony pendente lite as per the order passed in the Misc. Case. For such reason this Court is not inclined to interfere with the order impugned. Accordingly, CO 3428 of 2026 stands disposed of. 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.)