Calcutta High Court
CO/2026/2026 of PIYA ROY CHOWDHURY Vs PARIKSHIT ADHIKARY on 30 September 2026
Ct. No. 6 SG CO 2026 of 2026 CAN 1 of 2026 Piya Roy Chowdhury vs. Parikshit Adhikary Mr. Shibaji Kumar Das Mr. Dipendu Sarkar …for the petitioner Mr. Prasad Bhattacharya … for the OP Although the matter is appearing in the list under the heading “Extension of Interim
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AD 20 30.09.2026
Ct. No. 6 SG
CO 2026 of 2026 CAN 1 of 2026
Piya Roy Chowdhury vs. Parikshit Adhikary
Mr. Shibaji Kumar Das
Mr. Dipendu Sarkar
…for the petitioner
Mr. Prasad Bhattacharya
… for the OP
Although the matter is appearing in the list under the heading “Extension of Interim Order”, with consent of the learned advocates for the parties, the civil revisional application is taken up for final hearing by treating the same as on the day’s list. This is an application under Article 227 of the Constitution of India at the instance of the wife against the order dated 08.05.2026 passed by the learned Additional District and Sessions Judge, 2nd Court, Barrackpore, North 24 Parganas in Misc. Case No.22 of 2025 arising out of Matrimonial Suit No.932 of 2024. By the order impugned, the Trial Judge directed that the Misc. case shall be heard along with the matrimonial suit. It is now well settled that the Misc. case for alimony pendente lite is to be disposed of prior to taking up the hearing of the matrimonial suit.
2 Learned advocate for the opposite party does not dispute the aforesaid proposition of law. In the light of the submission made by the learned advocates for the parties, the impugned order stands set aside. Learned Additional District and Sessions Judge, 2nd Court, Barrackpore, North 24 Parganas is requested to take up the hearing of the Misc. Case No.22 of 2025 on the next date fixed and to dispose of the same as expeditiously as possible, preferably within a period of four months from the next date fixed without granting any unnecessary adjournments to either of the parties. After disposal of the Misc. case and subject to the petitioner not in default in complying with the direction for payment of alimony pendente lite, learned Additional District and Sessions Judge, 2nd Court, Barrackpore, North 24 Parganas shall make an endeavour to dispose of the Matrimonial Suit No.932 of 2024 as expeditiously as possible without granting any unnecessary adjournment to either of the parties. Accordingly, CO 2026 of 2026 is disposed of. There shall be, however, no order as to costs. Urgent certified photostat copy of this order, if applied for, be supplied to the parties upon compliance with requisite formalities.
(Hiranmay Bhattacharyya, J.)