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Calcutta High CourtCRR/1205/2026disposed

Sadiya Parveen v. Abdullah Hossain

2026-05-12Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

12.5.2026 20.

BD CRR 1205 of 2026 Sadiya Parveen Vs.

Abdullah Hossain Md. Mojahid Mehedi ...for the Petitioner In this application the petitioner has prayed for expeditious disposal of the maintenance application filed under section 125 Cr.P.C. by the petitioner being Case No. 34M of 2022 presently pending before learned Additional Chief Judicial Magistrate, 1st Court, Chanchal, Malda. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that the petitioner filed an application under section 125 of the Cr.P.C. seeking maintenance for herself and her minor child on 9th February, 2022. Thereafter, 26 dates were fixed on different occasions but till now the proceeding has not yet been concluded. Accordingly, he prayed for a necessary direction upon the court below for expeditious disposal of the said proceeding.

Having considered the fact that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite party will have no cause to prejudice and as such, the service of copy of application upon the opposite party is hereby dispensed with.

Considering the fact that the maintenance application is pending for more than four years, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice. I am informed that the cross-examination of O.P.W. 1 is going on and the next date is fixed on 29th June, 2026. Therefore, the instant application being CRR 1205 of 2026 is hereby disposed of with a direction upon the court below to make its best endeavour to dispose of the aforesaid maintenance proceeding under section 125 Cr.P.C. being Case No. 34M of 2022 preferably within a period of three months from the next date of hearing without granting any unnecessary adjournments to either of the parties. 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.)