Tandrima Saha v. Tapas Sutradhar

August 24, 2023 Sl. No.43 Court No.19 s.biswas CO 2487 of 2023 Smt. Tandrima Saha vs.

Sri Tapas Sutradhar Ms. Subhasri Chatterjee ... for the petitioner The petitioner is the applicant in Act VIII Case No.178 of 2019, which is pending before the learned Additional District Judge, 9th Court, Alipore, South 24 Parganas. It is submitted that the father is not appearing in the Act VIII case, which is causing unnecessary harassment to the mother, with regard to the admission of the child and other social engagements of the child in the absence of the father. The petitioner seeks expeditious disposal of the Act VIII case.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending Act VIII case, on an urgent basis.

This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite party, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court below to dispose of

the said Act VIII Case No.178 of 2019 within a period of six months from the next date fixed, without granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite party to contest the proceedings. Although the divorce has been granted and child is with of the mother, the final disposal of the said case is necessary to avoid future complications. The learned court below shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)