BISWAJIT SHARMA Vs. DEBLINA PANJA

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against the Order No. 8 dated 11.8.2008, passed by the learned Principal Judge, Family Court, Calcutta in MAT Suit No. 166 of 2007.

(2.) Upon perusal of the materials on record and also having heard the learned Counsels for the parties concerned it could be ascertained that two separate MAT Suit Nos. being 46 of 2007 and 166 of 2007 are now pending between the petitioner Biswajit Sharma (husband) and O.P. Deblina Panja (wife) before the learned Principal Judge, Family Court, Calcutta. In the first suit No. 46 of 2007, O.P. has prayed for obtaining a decree of nullity of her marriage with the present petitioner and in the second suit No. 166 of 2007 present petitioner has prayed for obtaining a decree of restitution of conjugal rights.

(3.) It would appear that learned Principal Judge, Family Court, Calcutta upon hearing the learned Counsel for the parties concerned and also giving due consideration to the materials on record including the contents of the application under Section 10 of C.P.C. has been pleased to stay the subsequent suit No. 166 of 2007 till disposal of the former MAT Suit No. 46 of 2007 by passing the impugned order dated 11.8.2008.