Sumanta Banerjee v. Dipanwita Banerjee
Item No.20 04.04.2024 Court. No. 19 GB C.O. 1159 of 2024 Sumanta Banerjee Vs.
Dipanwita Banerjee Mr. Abhishek Halder, Ms. Pramiti Bandopadhyay, Mr. Rahul Kumar Singh, Ms. Payal Mishra ... for the Petitioner.
By this application, the petitioner seeks expeditious disposal of Matrimonial Suit No.144 of 2022 along with all pending applications, which are pending before the learned Additional District Judge, Fast Track, 1st Court at Purulia. The petitioner has filed an application for amendment of the plaint. The wife has filed an application for maintenance pendente lite.
Considering the submissions, this Court is of the view that the prayer of the petitioner 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.
Under such circumstances, the revisional application is disposed of with a direction upon the learned court to dispose of the application for maintenance pendente lite within a period of three months from the next date fixed. The petitioner's application for amendment will be disposed of within a month following disposal of the maintenance application. The learned court shall make a sincere endeavour
to dispose of the suit within a year thereafter. Adequate opportunity shall be given to the parties to contest the same. This court has neither expressed any opinion on the merits of the applications nor 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 advocate contesting the matter on behalf of the opposite party in the learned court below.
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.)