Anisa Khatun v. State Of West Bengal And ANR

12.5.2026 18.

BD CRR 649 of 2026 Anisa Khatun Vs.

State of West Bengal & Anr.

Md. Younush Mondal ...for the Petitioner Petitioner/wife submits that her marriage with the opposite party no. 2 was solemnized on 23.02.2020 and they are blessed with a male child who is living with the petitioner.

It is alleged that on 23rd October, 2023 she along with her minor child was driven out from her matrimonial home along with infliction of immense physical and mental torture by her husband and other family members, which gave rise to Amdanga P.S. Case No. 242 of 2024 under section 498A/406 of the IPC.

Petitioner also filed an application seeking maintenance under section 125 of the Code of Criminal Procedure along with prayer for interim maintenance before the court below on 25th April, 2024. Since then more than two years have already been passed but neither the interim maintenance application nor the main application under section 125 Cr.P.C. have been disposed of as of yet. Accordingly, he prayed for a direction upon the court below for expeditious disposal of the said applications. Having heard learned counsel for the petitioner it appears that the prayer made by the petitioner is

innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with.

Having heard learned counsel for the petitioner and considering the fact that the application seeking maintenance is pending for more than two years, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice. In view of the above, the instant application being CRR 649 of 2026 is hereby disposed of with a direction upon the court below to dispose of the petitioner's application for interim maintenance preferably on the next date of hearing or within a period of thirty days thereafter and after disposal of the interim maintenance application he will make his best endeavour to conclude the main application as expeditiously as possible.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)