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Calcutta High CourtCRR/1682/2026disposed

Kamala Yesmin v. Dewan Mohammad Mostafa Shamim And Others

2026-05-19Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

19.05.2026 35.

Bd. CRR 1682 of 2026 Ct. 29 Kamala Yesmin Vs.

Dewan Mohammad Mostafa Shamim & Ors.

Mr. Satyam Mukherjee Mr. Purnendu Shekar Ghosh ... for the petitioner. Petitioner is the lawfully wedded wife of the opposite party no. 1, who according to petitioner constrained her to institute a proceeding under section 12 read with sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the Learned Chief Judicial Magistrate, Barasat, which has been registered as Complaint Case No. 249 of 2018. The Trial court by an order dated 09.12.2020 was pleased to direct to pay interim monetary relief of Rs. 35,000/- to the petitioner and her minor child from the date of passing of the order. Thereafter, the petitioner/wife filed an application on 25.09.2025 under section 25 of the Protection of Women from Domestic Violence Act, 2005, with a prayer for modification of the order dated 25.09.2025. Said Application is still pending for disposal. Therefore, the petitioner has made a prayer for a direction upon the trial court for expeditious disposal of the aforesaid application dated 25.09.2025.

Having heard learned counsel for the petitioner it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made

therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having considered the fact that the petitioner/wife is knocking at the door of justice with her aforesaid prayer for a considerable period of time, I find that the prayer made by the petitioner is justified and is required to be allowed to secure ends of justice.

Having considered the submission made on behalf of the petitioner, the instant application being CRR 1682 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the application dated 25.09.2025 and to make its best effort to dispose of the said application on the next date i.e., on 25th August, 2026 or preferably within a period of thirty days thereafter.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)