Swarnaly Das Roy v. Sandeep Bose

M/L- 1284 08/08/2025 Ct. No.-6 Aritra C.O. 1496 of 2025 Swarnaly Das Roy Vs.

Sandeep Bose Mr. Arka Tilak Bhadra ...for the petitioner Affidavit of service filed in Court today is taken on record.

None appears for the opposite party.

This application under Article of the Constitution of India is at the instance of the wife/plaintiff in the matrimonial suit praying for a direction upon the learned Additional District Judge, Fast Track, 3rd Court at Barrackpore to dispose of Matrimonial Suit No.97 of 2016 expeditiously.

The learned advocate appearing for the petitioner submits that the Miscellaneous Case No.282 of 2019 was filed by the husband praying for transfer of the matrimonial suit. He submits that such application has been dismissed. He further submits that there is no subsisting order of stay of all further proceeding of the Matrimonial Suit No.97 of 2016. The learned advocate further submits that the suit is at the stage of evidence. He further submits that September 11, 2025 has been fixed for cross-examination of P.W.1 on condition that the husband/opposite party shall pay a sum of Rs.30000/-

to the petitioner/wife. The learned advocate appearing for the petitioner submits that the wife/petitioner shall file an application before the learned trial judge for closure of the cross-examination of P.W.1.

In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or the learned advocates representing the opposite party before the learned trial judge. In the light of the aforesaid submission made by the learned advocate for the petitioner, CO 1496 of 2025 stands disposed of by requesting the learned Additional District Judge, Fast Track, 3rd Court at Barrackpore to proceed with the Matrimonial Suit No.97 of 2016 in accordance with law and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

There will be no order as to costs.

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

(Hiranmay Bhattacharyya, J.)