Tumpa Bhattacharjee v. Sanjay Battacharjee

05.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.106 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1370 of 2024 with CRAN 1 of 2024 In the matter of : Tumpa Bhattacharjee ... Petitioner.

Mr. Raja Sharma ... For the Petitioner.

Re: CRAN 1 of 2024 (an application under Section 5 of the Limitation Act) There is no necessity of application under Section 5 of the Limitation Act. Accordingly, the application being CRAN 1 of 2024 is dismissed as not pressed.

Re: CRR 1370 of 2024 The petitioner has approached this Court for expeditious disposal of Misc. Case No. 712 of 2022 as till date the application for interim maintenance advanced on behalf of the wife is pending.

The learned Magistrate would take into account the legislative intent that an application for interim maintenance should be disposed of within a period of 60 days from the date of issuance of notice to the opposite party. Having regard to the same, I direct the learned Magistrate to dispose of the application for interim maintenance and not to wait for the affidavit of assets and liabilities, if the opposite party is reluctant to file the same. The next date is fixed on 13.05.2024. As a matter of last chance, the learned Judicial Magistrate, 2nd Court, Purba Bardhaman in connection with

Misc. Case No. 712 of 2022 would give 15 days time for filing the affidavit of assets and liabilities to both the parties. If the same is not filed within the schedule fixed, the learned Judicial Magistrate, 2nd Court, Purba Bardhaman would dispose of the application for interim maintenance on or before 14.06.2024. Thereafter, the learned court would fix one date in every 75 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to either of the parties and the trial of the case should proceed in spite of any resolution of the local Bar. The conducting advocates would not stall the proceedings because of any such resolution. With the aforesaid observations, the revisional application being CRR 1370 of 2024 is disposed of. Pending other connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)