Sanjib Tarafdar v. Mausumi Tarafdar Nee Das

12.01.2021 Sl. No. 6 srm C.O. No. 997 of 2020 Sanjib Tarafdar Vs.

Mausumi Tarafdar nee Das Mr. Debajyoti Deb ...for the Petitioner.

This is an application for expeditious disposal of the Matrimonial Suit No.40 of 2007 pending before the learned Additional District Judge, 10th Court at Alipore, South 24Parganas. It is the contention of the petitioner that the learned Court below has not concluded the hearing of the matrimonial suit although several dates have been fixed for arguments. Records reveal that on April 3, 2018, the Presiding Officer, who had heard the matter, had fixed April 27, 2018 for judgment. Thereafter, the Presiding Officer was transferred and subsequently the learned Judge, who assumed office, also heard the matter on various days and have continuously fixed dates for arguments but the said arguments of the parties have not yet been concluded. By the order dated February 18, 2020, the learned Court below was pleased to fix March 17, 2020 for further arguments and hearing of a petition.

It is contended that the wife/opposite party has been filing one petition or the other and delaying the process. It is

being informed that the next date of hearing is January 27, 2021. It is further informed that the maintenance pendente lite, as directed by the learned Court below, is being paid by the husband/petitioner regularly.

Under such circumstances, without going into the merits of the claims made by the husband in this revisional application, this revisional application is disposed of with a direction upon the leaned Court below to dispose of the Matrimonial Suit No.40 of 2007 along with pending applications, if any, as expeditiously as possible preferably within a period of four months from the next date fixed and without granting unnecessary adjournments to either of the parties, provided that the husband has been paying the maintenance pendente lite, as directed by the Court, and there are no dues pending.

This Court has not gone into the merits of the claim and counterclaim of the parties and the learned Court below will proceed with the matter independently and on the merits of the case.

The learned Advocate for the petitioner is directed to serve a copy of this revisional application upon the opposite party along with a server copy of this order within a week from date.

This revisional application is, thus, 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. (Shampa Sarkar, J.)