Sumit Kumar Das v. Swati Das Nee Mondal

25.04.2024 Ct. No. 19 Sl. No.18 Cp CO/1383/2024 SUMIT KUMAR DAS VS SWATI DAS (NEE MONDAL) Mr.Apurba Kumar Ghosh Mr. Rudranil Ghosh ... for the Petitioner.

The petitioner/husband prays for expeditious disposal of Matrimonial Suit No. 727 of 2020, which is pending before the learned Additional District Judge, 2nd Court, Howrah.

It is submitted that the suit is at the stage of evidence and no interlocutory applications are pending. It is also submitted that the cross-examination of the petitioner has been deferred on a few occasions. The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the suit expeditiously, preferably within six months from the next date fixed, provided the

husband continues to pay the maintenance pendente lite, if any, as directed by the competent court. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

In case of default in payment, the suit shall not proceed.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)