Smt. Swati Tripathi v. Sri Vikrant Yadav

31.07.2023 Court No. 19 Item No.44 CP C.O. 1128 of 2023 Smt. Swati Tripathi Vs.

Sri Vikrant Yadav Mr. Souvick Mitra Mr. N. Roy ...for the Petitioner.

The petitioner/wife prays for expeditious disposal of the Matrimonial Suit No. 51 of 2019, which is pending before the learned Additioal Principal Judge, Family Court at Calcutta.

It is further submitted that since December, 2020, the respondent in the suit has been absent on repeated calls. All the orders of adjournment passed at the instance of the opposite party, have been annexed to the revisional application.

The prayer of the petitioners is innocuous.

Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Considering the age of the suit and also the fact that evidence is going on, the revisional application is disposed of with a direction upon learned court below to dispose of the suit within a

period of eight months from the next date fixed, upon granting adequate opportunity to the parties to contest the same.

This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law. A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocates contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)