Swati Agarwal v. Mayur Agarwal

C.R.R. 624 of 2022 Court No.

Item 10 Ssi In the matter of:- Swati Agarwal 03.03.

(via video conference) Mr. Rishav Kumar Singh ...for the petitioner This is an application praying for an expeditious disposal of a proceeding under the provisions of the Protection of Women from Domestic Violence Act initiated by the present petitioner.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the wife of the opposite party. She filed two proceedings, one under Section 125 of the Code and the other under the provisions of the Protection of Women from Domestic Violence Act for appropriate reliefs. No interim relief has been granted to the petitioner in these. The present application was filed along with the application for interim relief on 12.10.2020. Yet, till date even the application for interim relief has not been disposed of. The petitioner is living in penury. By an order dated 15.02.2022 passed in CRR 407 of 2022, this Court was pleased to direct an expeditious disposal of the

proceeding under Section 125 of the Code and in particular, of the application for interim maintenance, preferably within a period of three months from the next date of hearing. However, on the next date fixed for hearing, a date was fixed after one month. In the interest of justice, the issue of interim relief in the present proceeding ought to be heard at the earliest. 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 the application for reliefs under the provisions of the Protection of Women from Domestic Violence Act for the mother and her two children is pending since 12.10.2020. It is unfortunate that an application for interim monetary relief has not been disposed of till date.

In view of the above and in the interest of justice, I request the learned trial Court to conclude the proceeding in the main matter as expeditiously as possible without granting any unnecessary adjournment to any of the parties and by fixing shorter dates and in particular, to dispose of the application for 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.)