Vikash Mahansaria v. Anuja Mahansaria @ Agarwal
Case brief
What is this about?
Article 227 Constitution expedition petition by husband Vikash Mahansaria against wife Anuja Mahansaria @ Agarwal (CO 3125 of 2025, 08.09.2025, Hiranmay Bhattacharyya, J.) seeking expeditious disposal of Matrimonial Suit No. 1703 of 2020 before Additional District Judge, 16th Court at Alipore; PW-1 examined in part, hearings adjourned on wife's prayer; Misc. Case No. 512 of 2024 by wife for alimony pendente lite pending and ready for hearing; expedited hearing of matrimonial suit deferred until disposal of alimony misc. case; subsequent expedition of matrimonial suit conditioned on husband not defaulting in payment of alimony or maintenance; no notice to opposite party issued.
What did the court decide?
The application was disposed of with requests to the Additional District Judge, 16th Court at Alipore: (i) to take up Misc. Case No. 512 of 2024 (wife's alimony pendente lite claim) on the next date fixed and dispose of it expeditiously without unnecessary adjournments to either party; and (ii) after disposal of the misc. case, to endeavour to dispose of Matrimonial Suit No. 1703 of 2020 expeditiously without unnecessary adjournments, provided the husband/petitioner is not in default in payment of alimony or maintenance. The petitioner's advocate-on-record was obliged to forward a copy of the application and the order to the opposite party or her advocate before the trial judge.