Sreelata Mitra v. Sajal Kumar Mitra
Sn 18.1.21 C.O. 60 of 2021 SREELATA MITRA VS.
SAJAL KUMAR MITRA Mr. Subhajit Das ..for the petitioner This revisional application has been filed for a direction upon the learned 10th Additional District Judge, Alipore, District South 24 Parganas to dispose of Matrimonial Suit No.2084 of 2016 expeditiously. Records reveal that the application for maintenance pendente lite being Misc. Case No. 655 of 2016 has not yet been disposed of. It is also recorded that the Matrimonial Suit has been filed way back in 2016. By an order dated December 4, 2017 the court directed framing of issues but issues have not yet been framed. It is strange that the application under Section 36 of the Hindu Marriage Act, filed by the wife has not yet been disposed of. It is also surprising that dates have been fixed for framing the issues since 2017 but the same has not been done.
Under such circumstances, without making any observations on the merits of the dispute involved, this revisional application is disposed of with a direction upon
the learned Additional District Judge 10th Court at Alipore, District South 24 Parganas, to dispose of Matrimonial Suit No. 2084 of 2016 as expeditiously as possible preferably within a period of one year from the date of communication of this order.
It is further directed that Misc. Case No. 655 of 2016 shall be disposed of within two months from the next date fixed.
The time limit prescribed hereinabove will be treated as mandatory.
This Court has not made any observations with regard to the merits of the case and the learned Court below will 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 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.)