SOUMITRA ROY Vs. MUNMUN ROY

JUDGEMENT

(1.) This application is at the instance of the husband and is directed against the order dated February 15, 2010 passed by the learned Additional District Judge, Fifth Court, Howrah in Misc. Case No.1 of 2008 arising out of the Matrimonial Suit No.644 of 2007.

(2.) The short fact is that the husband filed a matrimonial suit being Matrimonial Suit No.644 of 2007 under Section 24 alternatively under Section 27 of the Special Marriage Act and / or under Section 12 alternatively under Section 13 of the Hindu Marriage Act. In that suit, the wife/opposite party herein appeared and filed an application under Section 36 of the Special Marriage Act praying for alimony. The husband/petitioner filed a written objection against that petition and the application for alimony has been numbered as Misc. Case No.1 of 2008 which is pending for decision. In that misc. case, the evidence on behalf of the wife was being recorded. During her cross-examination, the husband/petitioner herein filed an application for determining whether the wife/opposite party is a person of unsound mind. That application was kept with the record by the impugned order with the observation that the application should be considered after cross-examination of the wife in the misc. case. Being aggrieved by the impugned order, this application has been preferred.

(3.) The question that arises for decision in this application is that if the learned Trial Judge is justified in keeping the application under Order 32 Rule 15 of the C.P.C. pending without taking the same first for decision.