Swapna Gain v. Chandan Kumar Gain

09.02.2022 Ct. 21 D/L 5 ab C.O. 2179 of 2021 (Via Video Conference) Smt. Swapna Gain -VsChandan Kumar Gain Mr. Satrajit Singha Roy, Mr. Tapan Roy, ... for the petitioner Mr. Satrajit Singha Roy, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite party.

The petitioner/wife by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the application under Section 24 of the Hindu Marriage Act as well as the matrimonial suit itself being Matrimonial Suit No. 2610 of 2019, pending before the learned District Judge, North 24 Parganas.

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 District Judge, North 24 Parganas, is requested to dispose of the application under Section 24 of the Hindu Marriage Act, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. Thereafter, the District Judge is further requested to make an endeavour to dispose of the Matrimonial Suit No. 2610 of 2019, as expeditiously as possible and in any event, within a period of one year, without granting any adjournment whatsoever to any of the parties.

Accordingly, the revisional application being C.O. 2179 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.)