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Calcutta High CourtCO/1358/2022disposed

Shweta Loharuka v. Aditya Vikram Agarwal

2022-06-21Hon'Ble Justice Subhasis Dasgupta3 pages

AG M/R 21.06.

C.O. 1358 of 2022 Shweta Loharuka KB Ct Vs Aditya Vikram Agarwal Mr. Raja Biswas, Mr. Abhijit Sarkar, ... For the petitioner.

A direction to secure expeditious disposal of a suit for dissolution of marriage under Section 27 of the Special Marriage Act, 1954 is the ultimate relief sought for in this case.

Adverting to order dated 4th October, 2021 passed in C.O. 1736 of 2021, what is a suit for nullity of marriage, learned advocate for the petitioner submits that there has already been a direction passed in MAT Suit No. 2386 of 2018, for expeditious disposal of the suit, but logical conclusion of the case has not yet reached.

The present litigation involved in MAT Suit No. 1384 of 2021 is for dissolution of marriage filed by the husband against the wife, while MAT Suit No. 2386 of 2018 is a suit, filed by the wife, against the husband for declaring the marriage, held between the parties to be a null and void.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary upon the opposite party.

Service of notice of this application upon

opposite party stands dispensed with.

Accordingly, learned Additional District Judge, Fast Track Court No. 1, Barasat in MAT Suit No. 1384 of 2021, is requested to ensure expeditious disposal of such suit, after causing disposal of interlocutory application, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

Since there are two MAT suits pending between the self same parties at two different Courts, this would not prevent the petitioner from taking appropriate steps for amalgamation and/or consolidation of both the MAT suits, referred hereinabove, so that the point in issue involved in both the cases may be effectively addressed by competent Court.

Petitioner is directed to make communication of this order to the learned advocate for the opposite party as well as learned court below.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)