Amrik Singh v. Harmeet Kaur

Item No.11 19.03.2024 Court. No. 19 GB C.O. 2428 of 2023 Sri Amrik Singh Vs.

Smt. Harmeet Kaur Mr. Arka Pratim Chowdhury, Ms. Shreya Chakraborty ... for the Petitioner.

The petitioner prays for expeditious disposal of the Misc. Case No.4 of 2023 as also Matrimonial Suit No.51 of 2022. The proceedings are pending before the Learned Additional District Judge, 3rd Court at Asansol. According to the petitioner, the suit is at the stage of framing of issues and the wife has also prayed for maintenance pendente lite. The said application is pending since long.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court below to dispose of the Misc. Case No.4 of 2023 within a period of six months from the next date fixed. Thereafter, upon disposal of the misc. case, the suit shall be disposed of within a year, provided the husband pays the maintenance pendente lite that may be

directed by the learned court. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the misc. case nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)