PRIYANKA SAHA Vs. BIKRAMJIT SAHA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against order dated July 6, 2011 and September 16, 2011 passed by the learned Additional District Judge, Fast Track Court-II, Sealdah in Matrimonial Suit No. 35 of 2008 rejecting the petitioner's application for stay of further proceedings of the suit for non-payment of the cost of litigation and granting conditional stay to the petitioner upon payment of cost of Rs. 5,000/- respectively.

(2.) The petitioner is aggrieved by both these orders. So far as the order dated July 6, 2011 is concerned, there appears to be very little to interfere.

(3.) By an order February 5, 2007, the learned Court below had directed the respondent-opposite party to pay Rs. 4,000/- per month towards maintenance of the petitioner-wife and Rs. 2,000/-per month towards maintenance of the child and also directed the respondent to pay Rs. 10,000/-towards litigation cost. Against that the husband moved a revisional application being CO 903 of 2007 and by an order July 6, 2007, this Court had stayed the operation of the order dated February 5, 2007 provided the husband went on paying maintenance pendente lite at the rate of Rs. 4,000 p.m. to the wife and Rs. 2,000/- p.m. on account of the maintenance of the child regularly within 7th of each following month.