Mamata Parida And Others v. Manoj Kumar Parida

15.07.2024 rc/ct.no.34 Item No.40 CRR No. 2466 of 2024 In the matter of : Mamata Parida & Ors.

.......Petitioners Mr. Pinak Mitra Ms. Shubanwita Ghosh Ms. Purnima Mukherjee ...for the Petitioners The petitioner prays for setting aside the order passed by the learned Judicial Magistrate, 6th Court, Sealdah on August 07, 2023 vacating the order of interim maintenance granted in her favour and allowing the opposite party to contest the matter subject to payment of cost of Rs.6000/-. The order records that summons was duly served upon the opposite party despite which he chose not to appear before the Court to contest the case. The learned Trial Court has allowed the prayer of the opposite party for vacating the ex parte order on the anvil of the principles of natural justice upon imposing cost of Rs.6000/-. Since this Court finds that the order does not suffer from any illegality or irregularity and need not be set aside, service of notice of the application upon the opposite party is not required. The order impugned dated August 07, 2023 passed by the learned Judicial Magistrate, 6th Court, Sealdah in M Case No. 128 of 2022 is affirmed.

The learned Trial Court is directed to dispose of the prayer for interim maintenance made by the petitioner before him as expeditiously as possible, preferably within two months from the next date of hearing fixed before him, without granting any unnecessary adjournment to either of the parties, in accordance with law.

CRR No. 2466 of 2024 is disposed of accordingly. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)