Ruma Talukdar Dutta v. State Of West Bengal And ANR

CRR 1857 of 2023 Smt Ruma Talukdar (Dutta) v.

The State of West Bengal & Anr.

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chatterjee Mr. Santanu Maji Ms. Trisha Rakshit Ms. Aishwarya Datta ... for the petitioner.

01.08.2023 Sl.23 Ct.34 (S.R.) Ms. Sananda Bhattacharyya Mr. Bhaskar Banerjee ... for the State.

Learned advocate appearing for the petitioner submits that the petitioner's Maintenance Case No.257 of 2020 is before the learned Judicial Magistrate, 1st Court, Barasat. The said application was followed along with an application for interim maintenance wherein the petitioner prayed for an amount of Rs.30,000/- as interim maintenance and Rs.8,000/- as litigation costs. Be that as it may, the said application till date is pending and the opposite party no.2/husband on one pretext or the other is delaying the proceedings and not allowing the interim maintenance petition to be heard out. Almost three years have passed. It has been informed that the next date has been fixed before the learned Judicial Magistrate, 1st Court, Barasat on 10th of January, 2024. Having regard to the next date, it has been successfully stretched by the opposite party no.2/husband. I direct that in this case the learned Magistrate would dispose of the application for interim maintenance on 10th January, 2024 or within a fortnight thereafter. Learned Magistrate is further directed that such order of

interim maintenance if granted should be applicable from the date of filing of the case.

The learned Magistrate thereafter would fix regular date once in a month for the trial of the present case so that the trial could be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 1857 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)