SOVAN SARKAR Vs. PAMPA SARKAR

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against the Order No. 28 dated 7.8.2004 passed by Shri K. K.Dey, the learned Additional District, 13th Court at Alipore in Matrimonial Suit No. 49 of 2003.

(2.) Actually a Matrimonial Suit was filed by the o.p./wife for divorce and in that suit an application under Section 24 of Hindu Marriage Act was filed for the alimony pendente lite. The petitioner/husband appeared before the trial Court and filed an application for dismissal of the suit on the grounds stated therein particularly in view of the fact that the petitioner had already obtained a decree for divorce against the o.p. from the Court of United Kingdom and as such the marriage has already been dissolved.

(3.) After hearing both the parties the learned Trial Judge was pleased to reject the application holding that the ex parte decree passed by the learned District Judge, Illford County Court is not binding upon the o.p./wife. Against that order the present revisional application has been filed.