Debabrata Pal v. Chandrima Das (Nee Pal)

25.01.2024 Serial no. 6 [G.S.D] CRR 32 of 2024 In the matter of : Debabrata Pal ... ... Petitioner Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. A. Mukherjee Mr. S. K. Mondal ... ... For the Petitioner Mr. Mukherjee, ld. advocate for the petitioner, has prayed for expediting ACM Case No. 836 of 2017 pending before the ld. JM, 2nd Court at Alipore.

Ld. advocate submits that the present petitioner being the husband has been very diligent in remitting the interim maintenance on the date so fixed but the wife/o.p. is intentionally avoiding the date fixed for evidence. To that effect, ld. advocate submits and draws the attention of the court to the fact that 14 days have been fixed by the ld. trial court, even then, the evidence of the wife has not commenced.

Having regard to the plight so expressed by the present petitioner and the fact that the proceedings are pending for more than six years, I direct that the ld. trial court would fix at least one date in a month so that the trial

of the case can be taken to its logical conclusion within a reasonable period of time.

The ld. Court would ensure regarding the physical presence of the wife on the date fixed for evidence by exhausting the process of law available for ensuring the presence of a witness on the date so fixed. All efforts be taken so that the trial of the case is concluded within a period of one year form the date of communication of this order.

With the aforesaid observations, CRR 32 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)