Bavleen Kaur v. Harmeet Singh And ORS

25.11.2022 S/L No.27 KS C.R.R. 3463 of 2022 Smt. Bavleen Kaur -Vs.- Sri Harmeet Singh & Ors.

Mr. Uday Sankar Chattopadhyay Ms. Snigdha Saha .....For the Petitioner The application under Section 12 of the Protection of Women from Domestic Violence Act was filed before the Learned Chief Judicial Magistrate, Alipore in the year 2020. Till date, the applicant is without any relief from the Court, I find that from most of the orders so recorded it reflects that either the case could not proceed because of the absence of the accused or resolution of the local bar. There are prayers under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act which are thickly connected in the day to day life of a lady who has come before a Court of Law for appropriate interim relief.

As substantial period has passed since the institution of the instant case at the behest of the present petitioner, I direct the Learned Magistrate in seisin of the matter to proceed with the interim prayers, in case, the opposite parties are adopting dilatory tactics. The proceedings of the case would continue on a date fixed in spite of any resolution taken by the local bar for not participating in the proceedings.

to the case is absent on the said date, Learned Court will proceed on the said date in respect of the interim prayers. No further adjournment should be granted to either of the parties. It has been informed that the next date has been fixed on 2nd February, 2023. The Learned Court within a week from the said date would dispose of the interim prayers relating to maintenance and alternate accommodation and thereafter proceed with the case. It is made clear that under no circumstance, Learned Magistrate would delay the proceedings and so far as the whole of the proceedings are concerned, the Learned Court would give opportunity to the parties and continue with the same by fixing regular dates so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, C.R.R. 3463 of 2022 is disposed of.

Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)