Smt. Indrani Sadhukhan v. Sri Subhodeep Halder

Item No.12 19.03.2024 Court. No. 19 GB C.O. 3050 of 2023 Smt. Indrani Sadhukhan Vs.

Sri Subhodeep Halder Mr. Mit Guha Roy ... for the Petitioner.

The petitioner/wife prays for expeditious disposal of Matrimonial Suit No.1487 of 2022, which is pending before the Learned Additional District Judge, 6th Court at Alipore. According to the petitioner, she has not filed any application for maintenance pendente lite. The suit is at the stage of peremptory hearing. It is submitted that the mediation has failed.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court below to dispose of the suit of within a year from the next date fixed. Adequate opportunity shall be given to the parties to contest the same. This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

As it is submitted that the Court of the learned Additional District Judge, 6th Court is lying vacant, the

petitioner is at liberty to pray for implementation of this order before the learned judge in-charge.

A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)