Calcutta High CourtCRR/486/2022disposed

Smt Sujata Gupta(Banerjee) v. Anoop Kumar Gupta

2022-02-22Hon'Ble Justice Jay Sengupta2 pages

NB 22.02.2022 CRR 486 of 2022 Ct. No. 39 In the matter of:- Sujata Gupta (Banerjee) ...petitioner Mr. Arka Pratim Chowdhury, Mr. S. Nandy, Mr. S. Pathak, Mr. T. S. Roy.

...for the petitioner.

This is an application seeking an expeditious disposal of an application under Section 125 of the Code being Case No. M-232 of 2015 pending before the learned Judicial Magistrate, 6th Court, Alipore, South 24Parganas. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner had filed an application claiming maintenance allowance for herself from the husband/opposite party in 2015. Since 2017, the other side did not turn up before the learned Trial Court. That is why the proceeding has remained pending. Earlier, a meagre sum of Rs.1500/- was directed to be paid to the petitioner as monthly interim maintenance allowance. Even that sum is not regularly paid to the petitioner. The petitioner is living in penury. In the interest of justice, a direction may be passed to expedite the proceeding.

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 anyone if a direction is passed to expedite the proceeding.

It appears that an application under Section 125 of the Code is pending since 2015.

The petitioner's contention is that the amount granted as interim relief is not sufficient for her sustenance.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and by taking coercive measures to ensure the attendance of witnesses, if necessary, preferably within a period of eight months from the next date of hearing.

With the above observations, the revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)