SUSHIL MUKHERJEE Vs. SAGARIKA MUKHERJEE

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner/husband praying for revision of the order being No. 12 dated 3.12.98 passed by the learned Additional District Judge, 3rd Court, Barasat, 24-Parganas (North) in Mat. Suit No. 59 of 1997, by way of setting aside the same.

(2.) The circumstances leading to the present application are that the petitioner filed the aforesaid suit for divorce where the respondent/O.P on her entering into appearance filed an application under section 24 of the Hindu Marriage Act for maintenance pendents lite to the tune of Rs. 1,500/- p.m. & Rs. 300/- p.m. for self and her child respectively and Rs. 10,000/- as litigation cost. Due to non-appearance of the petitioner, the suit was dismissed for default on 1.6.1998, The respondent/O.P. filed an application under section 151, C.P. Code on 26.6.98 praying for restoration of the suit and for disposal of her application under section 24 of the Act which was allowed by the impugned order setting aside the order of dismissal passed on 1.6.98.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner/ husband has preferred the present revision.