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Calcutta High CourtCO/1079/2020disposed

Anindita Maity v. Jayanta Kr. Maity

2020-12-15Hon'Ble Justice Shampa Sarkar5 pages

15.12.2020 C.O. 1079 of 2020 Sn ANINDITA MAITY VS. JAYANTA KUMAR MAITY Mr. Animesh Paul ..for the petitioner This is an application filed by the wife in Matrimonial Suit No.800 of 2018 pending before the learned Additional District Judge,4th Court, Howrah.

It is the contention of the petitioner that the after the written statement had been filed by the opposite party/husband, the matter was sent for reconciliation. Thereafter, some time was consumed in the reconciliation process.

From the order dated July 22, 2019, it appears that the learned Mediator had filed a report. It is submitted by the learned Advocate for the petitioner that although the reconciliation had failed, the learned Court below was continuously adjourning the case and fixing further dates for reconciliation. It is prayed that the learned Court below be directed to hear out the suit expeditiously.

Without going in to the merits of the case and without expressing any opinion with regard to the contention of the petitioner about the failure of reconciliation, and without making any observation with regard to the correctness of the order passed by the learned Court below, this revisional application is disposed of with a direction upon the learned Court below to dispose of the Matrimonial Suit No.800 of 2018 along with any other interlocutory applications that may be filed as expeditiously as possible preferably within a period of one year from the date of communication this order provided that the failure of the reconciliation has been reported by the learned mediator. 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.)