Rahul Krishnan v. Neepa Krishnan

S/L 16 20.01.2021 Court. No. 19 GB C.O. 97 of 2021 Sri Rahul Krishnan Vs.

Smt. Neepa Krishnan (nee Mazumder) (Through Video Conference) Mr. Debabrata Saha Roy, Mr. Neil Basu.

... for the Petitioner.

This revisional application has been filed for expeditious disposal of the connected applications filed in connection with Matrimonial Suit No.49 of 2017, pending before the learned Additional District Judge, 8th Court at Alipore.

It is the contention of the petitioner/husband that the matrimonial suit was filed in 2017. The opposite party did not appear. The suit was fixed for ex parte hearing. Thereafter on February 6, 2019 three applications were filed by the opposite party, namely, for vacating of the order fixing the suit for ex parte hearing, to allow the opposite party to contest the suit by accepting the written statement and an application for condonation of delay in filing the written statement belatedly.

It is submitted that all these three applications are pending since 2019 and the opposite party has taken adjournments on several dates. The order sheet annexed to

the revisional application also supports the contention of the petitioner.

Without going into the merits of the applications filed by the opposite party and without making any observations on the submissions made by the petitioner herein, this revisional application is disposed of with a direction upon the learned Additional District Judge, 8th Court at Alipore to mandatorily dispose of the pending applications filed in connection with Matrimonial Suit No.49 of 2017 as expeditiously as possible, preferably within a period of one month from the next date fixed.

It is also submitted by the petitioner that written objections have already been filed in connection with the said applications. Once the interlocutory applications are disposed of, the learned court below shall proceed with the hearing of the matrimonial suit expeditiously and conclude the same within a reasonable time.

The learned court below will proceed independently and in accordance with law without being influenced by any observations made hereinabove. Service of the revisional application as also a server copy of this order upon the opposite party within a week.

The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)