Maitri Das v. Tapodhan Sen

AGM 21.07.

RKB C.O. 1682 of 2022 Ct Smt. Maitri Das Sharma nee Sen Vs Sri Tapodhan Sen.

Mr. Sharanya Chatterjee Mr. Nepesh Majhi ... For the petitioner.

A direction to secure expeditious disposal of Matrimonial Suit No. 103 of 2014 pending before the learned Additional District Judge 6th Court at Alipore is the ultimate relief sought for in this case. The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of the pending matrimonial suit and the cross-examination of PW-1 (wife) is getting delayed for the adjournments being granted on the prayer of opposite party/husband.

The attention of the Court is drawn to previous order dated 18th January, 2018 passed in C.O. 2401 of 2017 as regards expeditious disposal of instant matrimonial proceeding by the Court below.

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, the learned Additional District

Judge 6th Court at Alipore in Mat Suit No. 103 of 2014 is requested to ensure expeditious disposal of referred matrimonial proceeding providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable, preferably within a period of four months from the date of communication of this order.

While endeavoring such exercise the Court below must take into account the year of institution of the suit and the number of adjournments granted for the cross-examination of PW-2 (wife), and then proceed with the disposal of the suit in the manner as situation of the case would demand, so as to dispense with the justice in a best possible and expeditious manner.

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

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)