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2012 Supreme(Cal) 170

SOUMEN SEN
Priyanka Maity – Appellant
Versus
Sabyasachi Maity – Respondent


Advocates Appeared:
K. Chandak, S. Dasgupta, S. Das, D. Bharadwaj, Somnath Mukherjee

JUDGMENT

Soumen Sen, J.

1. The order of the trial Judge in allowing the application under Section 14 of the Hindu Marriage Act, 1955 filed by the opposite party is the subject matter of challenge in this revisional application.

2. The opposite party-husband filed a suit for divorce against the petitioner-wife under Section 13(i) and 13(ia) of the Hindu Marriage Act, 1955 on 2nd May, 2011. THE order of the trial Court shows that vide order no. 1 dated 2nd May, 2011 the suit has been registered and 6th July, 2011 was fixed for ascertaining the service of summons. However, no order was passed in relation to the application filed under Section 14 of the Hindu Marriage Act, 1955. On 6th July, 2011 the wife appeared and prayed for time to file written statement and pursuant thereto 9th August, 2011 was fixed for appearance. On 9th August, 2011, the husband filed a firisthi showing service of a copy of petition under Section 14 of the Hindu Marriage Act, 1955 and on the self-same date, the wife filed a petition under Section 24 of the Hindu Marriage Act claiming alimony pendente lite. The wife also filed a petition under Section 151 of the Code of Civil Procedure praying for stay of the sui



































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