Ankita Alias Ria Sarkar Mondal v. Arup Kumar Sarkar
October 18, 2023 Sl. No.7 Court No.19 s.biswas CO 3566 of 2023 Smt. Ankita @ Ria Sarkar (Mondal) vs.
Sri Arup Kumar Sarkar Mr. Arabinda Chatterjee, Sr. Adv.
Mr. Tanmoy Mukherjee Ms. Kakali Dutta Mr. Rudranil Das ... for the petitioner Md. Harun All Rashid Md. Mojnu Sk ... for the opposite party Although it appears to this court that there is an order of a Co-ordinate Bench permitting the parties to go for a mediation, there does not appear to be any order by which the learned trial judge had sent either the Matrimonial Suit No.216 of 2014 along with Matrimonial Execution Case Nos.02/03/04 of 2023 to mediation.
All the proceedings are pending before the learned Additional District Judge, 3rd Court, Dakshin Dinajpur at Balurghat.
The petitioner/wife prays for expeditious disposal of all the matrimonial execution cases. According to the petitioner, huge amount of unpaid maintenance pendent lite has forced the petitioner to live like a pauper. She is a vagrant litigant. Hence, there is an urgency in the execution case.
On the last occasion, an opportunity was given to the husband to come up with an amount, so that
some amount could be paid to the wife without prejudice.
The learned advocate for the opposite party submits upon instruction, that the husband is not in a position to arrange any money at this juncture. Thus, nothing further remains to be decided in this revisional application.
The revisional application is thus disposed of with direction upon the learned Additional District Judge, 3rd Court, Dakshin Dinajpur at Balurghat, to dispose of the execution cases in accordance with law within a period of three months after reopening of the ensuing puja vacation.
The petitioner is at liberty to approach the learned court below by filing an application, upon service of the same to the opposite party, for preponment of the next date of hearing of the execution case.
All the parties are directed to act on the basis of the server copy of the order.
Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Shampa Sarkar, J.)