Somdutta Halder v. State Of West Bengal And ORS.

C.R.R. 447 of 2022 Court No.

Item 9 Ssi In the matter of:- Somdutta Halder.

18.02.

(via video conference) Mr. Gobinda Dey Mr. Abhradip Jha ...for the petitioner This is an application seeking an expeditious disposal of a proceeding in Case no. C-1965 of 2019 pending before the learned Judicial Magistrate, Barasat, North 24 Parganas under Sections 12 and 23 of the Protection of Women from Domestic Violence Act. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the aggrieved party in a proceeding under the Protection of Women from Domestic Violence Act. The opposite party nos. 2 and 3 are her husband and mother in law, respectively. The petitioner filed an application claiming relief under the said Act in July 2019. An application seeking interim monetary relief was filed in January 2020. On several subsequent dates, adjournments were sought by the private respondents. The husband has not yet filed his affidavit of assets. Even the application for interim monetary relief has not been disposed of as

yet. The petitioner is living in penury. The proceeding has remained pending for no fault of the present petitioner.

I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition.

No prejudice will be caused to any one if a direction is passed to expedite the proceeding. It appears that there is an inordinate delay in, at least, disposing of the application for interim relief under the Protection of Women from Domestic Violence Act.

An aggrieved lady cannot be made to wait for an unduly long time for having her application for interim monetary relief disposed of.

In view of the above and in the interest of justice, I request the learned trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and keeping in mind the statutory stipulations regarding expeditious disposal of a proceeding under the said Act and in particular, to decide the question of interim relief at the earliest, preferably within a period of three months from the next date of hearing. With these observations, the revisional

application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)