Arunoday Das v. Smita Dutta

August 5, 2024 75 ARDR CRR 2164 of 2024 Arunoday Das Vs.

Smita Dutta Adv. Partha Sarathi Das, ... for the petitioner.

Though the petitioner initially assailed the order passed by the learned Additional Sessions Judge, 1st Court, Barrackpore on 3rd April, 2022 in Criminal Revision no. 514 of 2023, he presently seeks an order directing the learned Judicial Magistrate, 2nd Court, Barrackpore to dispose of the maintenance case no. M. 91 of 2022 expeditiously.

It appears that the order granting interim maintenance in favour of the opposite party/wife on 16th September, 2022 ex parte was set aside on an application filed by the petitioner being Misc. case no.81 of 2023 on 25th July, 2023. By the said order, the order granting ex parte maintenance was set aside and the Misc. case was allowed with cost of Rs.5,000/- payable by the petitioner to the opposite party/wife. Learned trial Court also directed the petitioner to pay interim maintenance to the tune of Rs.20,000/- per month for the child till disposal of the case being M. case no. 91 of 2022. The said order was assailed by the petitioner before the learned Additional Sessions Judge, 1st Court, Barrackpore in Criminal Revision no.514 of 2023 and by an order passed on 3rd April, 2024, the revisional Court turned down the prayer of the petitioner. The petitioner seeks expeditious disposal of the maintenance case being M. 91 of 2022 pending before the learned trial Court.

In view of the above, the revisional application, being CRR 2164 of 2024 is disposed of directing the learned trial Court to dispose of the maintenance case being M. case of 91 of 2022 pending before him as expeditiously as possible, preferably within a period of six months from the date of communication of this order without granting any unnecessary adjournment to either of the parties, in accordance with law.

Urgent certified website copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Suvra Ghosh, J.)