Anjan Majumdar v. Baisakhi Majumdar

27th July, 2021 (AD 38) (SKB) C.O. 1310 of 2021 (Via Video Conference) Anjan Majumdar

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Baisakhi Majumdar Mr. Lalratan Mondal ... for the petitioner.

On query of court, learned counsel for the petitioner submits on instruction that there is no question of any arrears of alimony, since no ad interim order was passed in connection with the application under Section 24 of the Hindu Marriage Act, bearing Miscellaneous Case No. 29 of 2014. It is further contended that the petitioner does not want to press Miscellaneous Case No. 8 of 2016 pending in the court below in view of the same being for the custody of the child who has since attained majority.

In such view of the matter, no prior service of notice on the opposite parties is deemed necessary in view of the innocuous nature of the order proposed to be passed. C.O.1310 of 2021 is disposed of by requesting the Additional District Judge, Sixth Court at Alipore to dispose of Miscellaneous Case No. 29 of 2014 as well as Miscellaneous Case No. 8 of 2016, pending in the said court, in the light of the observations made above, as expeditiously as possible, positively within two months

from the date of communication of this order to the court below, upon giving adequate opportunity of hearing to both sides.

The petitioner shall communicate the order to the court below as well as to the opposite party and/or the learned advocate appearing for the opposite party in the court below at the earliest.

The parties as well as the court below shall act on the written communication of the learned advocate for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of a certified copy of this order.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)