Smt. Munmun Roy Chowdhury (Dey) v. Sri Satyanarayan Roy Chowhdury

12.03.2024 Sl. No.9(DL) srm C.O. No. 339 of 2024 Smt. Munmun Roy Chowdhury (Dey)

Versus

Sri Satyanarayan Roy Chowdhury Mr. Nitai Chandra Saha, Mr. Abhijit Chandra Majumder, Ms. Poulami Majumder ...for the Petitioner.

The petitioner prays for expeditious disposal of an application for maintenance pendente lite which has been filed in connection with Matrimonial Suit No.2851 of 2022. The proceeding is pending before the learned Additional District Judge, Fast Track, 4th Court at Barrackpore, North 24-Parganas. It is informed that the court is vacant.

Considering the submission, this Court is of the view that the prayer of the petitioner, for early disposal of the proceeding, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose

of the application, within a period of three months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

The petitioner shall be entitled to pray before the learned Judge-in-Charge for compliance of this order, if the court is vacant, as the matter relates to a prayer maintenance. This Court has not gone into the merits of the application.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)