Reshmi Chowdhury Hajra v. Mahendra Hajra

Item No.64 13.10.2023 Court. No. 19 GB C.O. 3528 of 2023 Smt. Reshmi Chowdhury Hajra Vs.

Mahendra Hajra Mr. Avirup Mondal, Mr. Debashish Ghosh ... for the Petitioner.

The petitioner filed Matrimonial Suit No.854 of 2022. The suit is pending before the learned Additional District Judge, Fast Track 1st Court at Burdwan. The petitioner prays for expeditious disposal of the suit.

It is submitted that the husband has not yet filed the written objection.

Considering the submissions, the 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 and 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 within a year from the next date fixed. Adequate opportunity shall be granted 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.

However, this order shall not be construed as a direction for ex parte disposal of the suit. The learned court

below shall take into consideration all relevant factors and proceed with the disposal of the suit within the time fixed in this revisional application.

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.)