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Calcutta High CourtCO/1805/2021disposed

Rakha Hari Jash v. Jhuma Samanta @Jash

2021-12-13Hon'Ble Justice Kesang Doma Bhutia2 pages

13.12.2021 Ct. 21 D/L 93 ab C.O. 1805 of 2021 (Via Video Conference) Rakha Hari Jash -VsJhuma Samanata @ Jash, Mr. Tanmay Chowdhury, Mr. Ritoprita Ghosh, ... for the petitioner The petitioner/ husband by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Matrimonial Suit No. 01 of 2018 (previously numbered as Matrimonial Suit No. 83 of 2016) filed under Sections 13(1)(1a) and (1)(1b) of the Hindu Marriage Act, pending before the learned Additional District Judge, 3rd Court, Purba Burdwan.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the matrimonial suit, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the opposite party. Therefore, service of notice upon the opposite party is dispensed with.

The learned Additional District Judge, 3rd Court, Purba Burdwan, is requested to dispose of the Matrimonial Suit No. 01 of 2018 (previously numbered as Matrimonial Suit No. 83 of 2016) filed under Sections 13(1)(1a) and (1)(1b) of the Hindu Marriage Act, within a period of six months from the date of communication of this order, without granting unnecessary adjournment to either of the parties.

Accordingly, the revisional application being C.O. 1805 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)