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Calcutta High CourtCO/6/2021disposed

Jayasri Jana Das v. Sourendra Nath Jana

2021-01-19Hon'Ble Justice Shampa Sarkar4 pages

Sn 19.1.21 C.O. 6 of 2021 JAYASRI JANA (DAS) VS. SOURENDRA NATH JANA Mr. Sandip Kumar Mondal ..for the petitioner This revisional application has been filed for expeditious disposal of MAT Suit No.276 of 2019, pending before the learned Additional District Judge, Kakdwip, District South 24 Parganas.

It is contended by the petitioner that the application under Section 13B of the Hindu Marriage Act, 1955 was filed in November 2019 but since then the matter has not yet been disposed of. As a consequence whereof, the wife is unable to maintain herself as the settlement arrived at between the parties had not yet been enforced due to the pendency of the application before the learned Court below.

I have not gone into the merits of the claim of the petitioner.

Under such circumstances, this revisional application is disposed of with a direction upon the learned Court below to dispose of the application under Section 13B of the Hindu Marriage Act, 1955 in

accordance with law preferably within a period of three months from the next date fixed without adjourning the matter unnecessarily.

This Court has not made any observations with regard to the merits of the case and the learned Court below shall deal with the suit independently without being influenced by any observations made hereinabove. The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party and the learned Advocate appearing in the learned Court below within a week from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)