Kalpadeep Chatterjee v. Aparajita Chatterjee Nee Chakraborty

(13) 10.11.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1421 of 2021 Sri Kalpadeep Chatterjee -versus- Smt. Aparajita Chatterjee nee Chakraborty Mr. Sudip Deb, Mr. Vivek Basu, Mr. Riju Ghosh, ... for the petitioner.

Affidavit of service filed on behalf of the petitioner in Court today be kept with the record.

None appears on behalf of the opposite party in spite of service.

The Matrimonial suit being MAT Suit No. 67 of 2016 filed by the petitioner seeking dissolution of his marriage with the opposite party by a decree of divorce is pending before the 5th Court of learned Additional District Judge at Alipore, District: 24 Parganas (South).

The petitioner is complaining inordinate delay in disposal of the said suit and is praying a direction upon the learned Trial Judge for expeditious disposal of it. Learned counsel for the petitioner submits that his client was paying alimony pendente lite in terms of the order passed on an application filed by the wife/opposite party under Section 36 of the Special Marriage Act, 1954 but after March 20, 2021 such alimony could not be paid due to complete lockdown. He, however, submits that his client would pay all arrear alimony pendente lite on November 16, 2021 i.e. the next date fixed in the suit.

The matrimonial suit is pending since 2016. In view of the nature of the suit, the petitioner can legitimately expect a logical conclusion of the said suit within a reasonable time. The learned Trial Judge is therefore, requested to dispose of the said suit within a period of six effective available working months of the said Court from the date of communication of this order and in doing so, shall not grant any unnecessary adjournment to either of the parties. Needless to say that the learned Trial Judge is obliged to dispose of the said suit within the time stipulated by this order subject to his satisfaction regarding regular payment of alimony pendente lite to the opposite party. C.O. 1421 of 2021 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)