Madhu Sudan Das v. Tapasi Rabidas & ORS
S/L 6 06.01.2021 Court. No. 19 GB C.O. 645 of 2020 With CAN 1 of 2020 (Old No. CAN 4935 of 2020) Madhu Sudan Das Vs.
Tapasi Rabidas & Ors.
(Through Video Conference) Mr. Prosenjit Mumherjee, Ms. Madhurima Sarkar.
... for the Petitioner.
As the suit has proceeded ex parte, service upon the opposite party is dispensed with.
The civil revision has been preferred by the plaintiff/husband in Matrimonial Suit No.99 of 2017, which was a proceeding under Section 9 of the Hindu Marriage Act. It is submitted that although the learned Additional District Judge, Rampurhat, Birbhum had concluded the hearing of the matrimonial suit on September 2019, dates were again fixed for further hearing on a law point. The records also reveal the same.
According to the learned advocate for the petitioner the said hearing has not yet taken place and several dates have been fixed. It is prayed that the learned court below may be directed to dispose of the matrimonial suit expeditiously.
Without going into the merits of the claims of the petitioner and without making any observations on the correctness of the orders of the learned court below, this Court feels that justice would be sub-served if the learned court below is directed to dispose of the Matrimonial Suit No.99 of 2017 as expeditiously as possible, preferably within a period of one month from the next date fixed. The learned court below will proceed independently and in accordance with law without being influenced by any observations made herein.
The revisional application is disposed of.
There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. CAN 1 of 2020 (Old No. CAN 4935 of 2020) This is an application for early hearing of this application.
On disposal of the civil revision, CAN 1 of 2020 (Old No. CAN 4935 of 2020) is disposed of. As the original CAN is not with the record, the photocopy of the same be treated as original.
(Shampa Sarkar, J.)