Soma Mandal Debnath v. Tanmoy Debnath

10.11.2021 (S/L-15) Ct.-18 (Susanta) (Via Video Conference) C.O. 1633 of 2021 Dr. Soma Mandal Debnath -Vs- Sri Tanmoy Debnath Mr. S. K. Sanyal, Mr. S. Banerjee, ... For the Petitioner.

Mr. M.P. Gupta, Mr. Ayan Mitra, Ms. Antara Panja, .... For the Opposite Party.

Affidavit-of-service filed in Court today be kept with the record.

The petitioner by the present application under Article 227 of the Constitution of India is praying direction upon the learned Principal Judge, Family Court, Calcutta for expeditious disposal of the Matrimonial Suit no. 206 of 2018 filed by her seeking dissolution of the marriage between the parties by a decree of divorce.

November 08, 2021 was a date fixed in the said suit for cross-examination of the petitioner. This Court expected that the learned Trial Judge would be able to conclude the said cross-examination of the petitioner on the said date as it was recorded in the order dated September 22, 2021.

Mr. Sanyal, learned advocate for the petitioner informs this Court that such cross-examination was not done on the said date.

The petitioner is coming from Kurseong to Kolkata to participate in the said matrimonial suit,

therefore, her cross-examination must be recorded as expeditiously as possible.

It is informed by the learned advocate for the parties that December 10, 2021 is the next date fixed for the cross-examination of the petitioner.

The opposite party is directed to conclude the cross-examination of the petitioner on the said date itself.

The learned Trial Judge is requested to make all endeavour to conclude the cross-examination of the petitioner on the said next date fixed itself after affording reasonable opportunity to the opposite party.

In the event due to some unavoidable reason the said cross-examination cannot be concluded on the said date, it must be concluded on the next available working day of the said Court.

It is submitted by Mr. M.P. Gupta, learned advocate for the opposite party that there are two pending interlocutory applications, needless to say that those applications must be disposed of in accordance with law before disposal of the suit. C.O. 1633 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 parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)