Arnab Sarkar v. Nandini Sarkar Nee Mitra

28.03.2022 Item No.9 Ct. No.7 CHC (disposed of) C.O.1651 of 2021 (Physical Hearing) Sri Arnab Sarkar Vs.

Smt. Nandini Sarkar (Nee Mitra) Mr. Subir Banerjee, Mr. Sandip Bandyopadhyay, Mrs. Ruxmini Basu Roy ...for the petitioner Mr. Baidurya Ghosal, Ms. Arunima Ghoshal Ms. A. Dutta Roy ...for the opposite party A direction to secure expeditious disposal of a pending Matrimonial Suit, instituted in the year 2016 is the ultimate relief, sought for in this case. Mr. Banerjee, learned advocate appearing for the petitioner/husband produces photocopy of the order passed on 16th December, 2021 to show disposal of Misc.Case being No.08 of 2017 granting alimony pendente lite to wife/opposite party at the rate of Rs.7,000/- per month.

According to Mr. Banerjee, issues in this case have already been framed in 2017.

Mr. Ghosal, learned advocate appearing for the opposite party/wife is present.

In view of the nature of the order proposed to be made, in the absence of any pending interlocutory

application, the pending Matrimonial Suit may be disposed of expeditiously as possible providing sufficient opportunity of hearing to both the parties. Accordingly, learned District Judge, Uttar Dinajpur at Raiganj in connection with Mat.Suit No.55 of 2016 is requested to ensure expeditious disposal of the pending Matrimonial Suit, after causing disposal of interlocutory applications, if there be any pending, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the year of institution of the pending Matrimonial Suit may be taken into account, and the learned court below may 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 manner.

With this direction/observation the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)