Indranil Misra v. Keya Chakraborty
Item No. 13 04.09.2023 Court. No. 19 GB C.O. 1219 of 2023 Sri Indranil Misra Vs.
Smt. Keya Chakraborty Mr. Pinaki Datta, Ms. Jayashree Saha ... for the Petitioner.
The petitioner seeks expeditious disposal of Matrimonial Suit No.52 of 2022, which is pending before the learned Additional District Judge, Fast track 3rd Court at Barrackpore.
It is informed that on August 9, 2023, the wife has filed an application claiming maintenance pendente lite. Although the petitioner prays for expeditious disposal of the suit, the Court is of the opinion that the application for maintenance pendente lite should be decided first and the suit can proceed expeditiously only if the husband complies with the direction of the court in the event maintenance pendente lite is awarded.
Expeditious disposal of any litigation enures to the benefit of all parties. Hence, this Court is of the view that the prayer is innocuous and will not affect the rights of the opposite party. Rather, the opposite party will gain if directions are passed for disposal of the proceedings on an urgent basis.
Under such circumstances, this Court directs the learned Additional District Judge, Fast track 3rd Court at Barrackpore to dispose of the application for maintenance,
preferably, within a period of six months from the next date fixed and in case of compliance of the order passed in the said application, matrimonial suit should be disposed of within a year thereafter.
This order is not a decision on merits and each of the proceedings shall be disposed of in accordance with law and independently, without granting unnecessary adjournments to either of the parties.
Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with a server copy of this order.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)