Saniya Bahirwani (Nee Agarwal) v. Varun Bahirwani
Sn 18.2.21 C.O. 344 of 2021 SMT. SANIYA BAHIRWANI(NEE AGARWAL) VS. VARUN BAHIRWANI Mr. Animesh Paul Ms. Fatima Hassan ..for the petitioner This revisional application has been filed for expeditious disposal of the Matrimonial Suit No.190 of 2019, pending before the learned Additional District Judge, Fast Track Court- II, at Howrah.
It appears that the suit is running ex parte. As the service could not be effected through court an application for substituted service was filed by the wife/opposite party.
Despite newspaper publication, none appeared on behalf of the respondent/opposite party on six occasions.
The newspaper publications were approved and finally completed. Thereafter, the suit was fixed for ex parte hearing.
The wife/petitioner filed her examination-in-chief. The suit has not proceeded and the petitioner prays for an order for expeditious disposal of the suit.
Under such circumstances, I do not find any impediment in allowing this innocuous prayer of the
petitioner. The learned Court below and/or the judge-incharge of the said Court shall dispose of the said Matrimonial Suit as early as possible, preferably within a period of four months from the date of communication of this order.
This Court has not gone into the merits of the claims and counter-claims of the parties and the learned Court below shall proceed independently and in accordance with law without being influenced by any observations made hereinabove.
The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party within a week from date. This revisional application is disposed of.
There will be however no order as to costs.
Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.
(Shampa Sarkar,J.)