Calcutta High CourtCO/3491/2025disposed

Sneha Sardar v. Surya Raha

2025-09-24Hon'Ble Justice Hiranmay Bhattacharyya3 pages

Court No. 6 CO 3491 of 2025 (265719) 24.09.2025 Mrs. Sneha Sardar Vs.

Sri Surya Raha (AD 5) (S. Banerjee) Mr. Sankar Prasad Dalapati Mr. Safik Dewan Mr. Sourav Mondal ...for the petitioner Mr. Pritam Choudhury Mr. Tamal Taru Panda ...for the opposite party Affidavit of service filed in Court today, is taken on record.

This application under Article 227 of the Constitution of India is at the instance of the wife and is directed against order no. 14 dated August 13, 2025 passed by the learned Additional District Judge, Fast Track Court at Baruipur in MAT Suit No. 665 of 2023. By the order impugned the application under Order 12 Rule 6 of the Civil Procedure Code stood rejected.

Mr. Dalapati, learned advocate appearing for the wife/petitioner submits that the marriage between the parties was not consummated and for such reason the petitioner filed the suit for declaration that the marriage is a nullity. He further submits that the

opposite party/husband has filed the written statement admitting the fact that they there has been no consummation of marriage.

Learned advocate appearing for the respective parties uniformly submit that the application under Order 12 Rule 6 of the Civil Procedure Code was heard long time back and the order on such application was passed more than a year after such hearing.

For such reason this court is inclined to set aside the order impugned. The application under Order 12 Rule 6 of the Civil Procedure Code stands restored to the file of the learned Additional District Judge, Fast Track Court at Baruipur.

The learned Additional District Judge, Fast Track Court at Baruipur is requested to reconsider the said application and to decide the same afresh after giving an opportunity of hearing to the respective parties as expeditiously as possible, preferably within a period of six weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties.

With the above observations and directions CO 3491 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)