Divya Jaiswal (Nee Arora) v. Nitesh Kumar Jaiswal And Others

24-06-2024 Ct. No.34 b.das CRR No. 2160 of 2024 In the matter of :

Smt. Divya Jaiswal (Nee Arora) ..... petitioner.

Mr. Phiroze Edulji Ms. Pallavi Priyadarshee ...for the petitioner.

Mr. Rajesh Kshetry Mr. Anirban Dey ...for the opposite party.

Affidavit of service filed by the petitioner is taken on record.

The innocuous prayer of the petitioner is for expeditious disposal of the application filed by her under Section 23 of the Protection of Women against Domestic Violence Act.

It is not in dispute that the learned 6th Judicial Magistrate, Sealdah took up the application for consideration on 10th January, 2024. The hearing could not be completed on that date. In the meantime, the learned Magistrate was transferred and the Court is still lying vacant.

This Court is informed that the next date of hearing is on 21st August, 2024.

Since the application under Section 23 of the Act is pending since September, 2022, this Court is inclined to

hold that if the regular Court does not join within the next date, i.e., 21st August, 2024, the learned Magistrate who is in-charge of the Court of the learned Judicial Magistrate, 6th Court, Sealdah shall take up the application for consideration and dispose of the same within two months from the next date of hearing, i.e., 21st August, 2024, in accordance with law.

The revisional application being CRR 2160 of 2024 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )