Kaushik Chakrabarty v. Moumita Chakobarty Nee Adhikary

C.O. 2336 of 2021 Kaushik Chakrabarty AKG 09-02-2022 Ct.21

Versus

Moumita Chakrabarty (nee Adhikari) (VIA VIDEO CONFERENCE) Mr. Pranit Bag, Ms. Rituparna Chatterjee ...for the Petitioner Mr. Pranit Bag, learned advocate appears for the petitioner.

Record shows that no notice of this application has been served on the other side.

The petitioner by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the Matrimonial Suit No. 704 of 2021, pending before the learned Additional District Judge, 1st Fast Track Court, Barasat. The learned advocate for the petitioner submits that though, the petitioner has prayed for setting aside the order dated 10th December, 2021 passed by the learned Additional District Judge, 1st Fast Track Court, Barasat in Matrimonial Suit No. 704 of 2021, but now he wants the application under Section 26 of the Hindu Marriage Act, 1955 be disposed of as expeditiously as possible by the learned Court below.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the application under Section 26 of the Hindu Marriage

Act, pending in Matrimonial Suit No. 704 of 2021, 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, 1st Fast Track Court, Barasat is hereby requested to see that, if any, application under Section 26 of the Hindu Marriage Act, 1955 is pending in Matrimonial Suit No. 704 of 2021 be disposed of, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any adjournment to either of the parties. Accordingly, the revisional application being C.O. 2336 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.)