ASHOKA MITRA Vs. SWAPAN KUMAR MITRA

JUDGEMENT

(1.) After having heard Learned Counsel for the parties and after perusal of the record, we find no ground to interfere against the impugned order passed by Division Bench of the High Court in First Appeal No. 57 of 1999. We have been given to understand that during the pendency of the matter/ Petitioner wife Smt, Ashoka Mitra has already filed an application under Section 25 of the Hindu Marriage Act, 1955 for grant of permanent alimony. If that be so, we do not think it proper to make any observation in this matter. The special leave petition is accordingly dismissed.

(2.) The said application filed by the Petitioner wife would be decided on merits and in accordance with law without being influenced by any of the observations made by the High Court. Since Petitioner is claiming maintenance, an endeavour would be made by the Trial Court to dispose of the same at an early date preferably within a period of six months from the date of communication of this order. Respondent husband would co-operate in the said proceedings and would not seek undue adjournments.