Smt Bina Nandi And ANR v. Rakhi Nandi

07.02.2022 SB Ct. No.39 CRR 2634 of 2021 (Via Video Conference) In the matter of : Smt. Bina Nandi & Anr.

Mr. Kunal Ganguly ... for the Petitioners This is an application seeking an expeditious disposal of a proceeding under section 125 of the Code.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the wife and the daughter of the husband / opposite party. The petitioner no. 1 had filed an application under Section 125 of the Code in the year 2013. On 29.06.2015 an ex parte interim order was passed to pay interim maintenance to the wife at the rate of Rs.7,000/- per month and to the minor child at the rate of Rs.3,000/- per month. On 16.12.2017 the opposite party / husband filed an application for setting aside the ex parte order under Section 126(2) of the Code of Criminal Procedure. The same was set aside and meagre sums of Rs.700/- and Rs. 500/- were granted as interim maintenance to the wife and the child on 14.01.2019. Since then, the proceeding has remained pending for final adjudication.

The petitioners seek an expeditious disposal so that a final order may be passed in that proceeding. I have heard the submissions of the learned counsel for the appearing for the petitioner and have perused the revision petition. It appears that the interim maintenance allowances granted to the wife and child were drastically scaled down in 2019. Although the proceeding was initiated in 2013, till date the same is still pending.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within ten months from the next date of hearing.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)