Dina Bhattacharyya v. Pradipta Bhattacharyya

01.07.2025 Item 1398 ML.

Court No.6.

AB C. O. 1335 of 2025 Dina Bhattacharyya Vs Pradipto Bhattacharyya Mr. Biswanath Chatterjee, Mr. Soham Krishna Chatterjee .....for the Petitioner.

Affidavit of service filed in Court today be kept on record. In spite of service, none appears for the opposite party.

This application under Article 227 of the Constitution of India is at the instance of the wife challenging the orders dated January 27, 2025 and February 17, 2025, both passed by the learned Additional District Judge, 1st Court, Alipore in Matrimonial Suit No.3029 of 2023.

Learned advocate appearing for the petitioner submits that both the parties want that the cooling off period be waived.

However, in the absence of the opposite party, the prayer for waiving of cooling off period cannot be considered.

Considering the fact that the petition for divorce was subsequently converted to a petition for divorce on mutual consent only on January 27, 2025 and the next date has been fixed on July 29, 2025, no useful

purpose will be served by keeping the civil revision application pending.

The interest of justice will be sub-served if the learned Trial Judge is requested to dispose of the petition for divorce on mutual consent expeditiously. The learned Additional District Judge, 1st Court, Alipore is requested to take up the hearing of the application for divorce by mutual consent being Matrimonial Suit No.3029 of 2023 on the next date fixed i.e. July 29, 2025 and to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. With the above observation and direction, C. O. No.1335 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)