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Calcutta High CourtCO/1244/2020disposed

Baijnath Mahato v. Manju Mahato

2020-10-01Hon'Ble Justice Moushumi Bhattacharya2 pages

Ct. 03 Item No.06 01.10.2020 (suvendu) CO 1244 OF 2020 With IA No. CAN 1 OF 2020 (Via Video Conference) Baijnath Mahato Vs.

Manju Mahato Mr. Subhasish Pachhal ............for the Petitioner This Revisional Application concerns a Matrimonial Suit of 2013 which is pending in the Court of the learned Additional District Judge, 3rd Court, Howrah. The petitioner/husband seeks expeditious disposal of the said Suit.

Learned counsel for the petitioner/husband submits that the Suit was filed in 2013 in which the respondent/wife filed an application under Section 24 of the Hindu Marriage Act for maintenance. Thereafter, a Civil Revisional Application was filed in this Court in 2018 by which the application for maintenance was directed to be expedited. The order by which such directions were given, was of 13th December, 2018. The Additional District Judge, 3rd Court, Howrah, thereafter referred the dispute to mediation on 20th February, 2019 and the statutory authority fixed 15th May, 2019 for passing necessary

order after the conclusion of the mediation. Counsel submits that the mediation failed and there is now an imminent need for the Matrimonial Suit to be expedited.

Counsel also submits that the petitioner/husband is continuing to pay the maintenance amount to the wife.

Having regard to the contentions of learned counsel, this Court sees no reason as to why the Matrimonial Suit filed in 2019 should be allowed to languish in the concerned Court for seven years. It is submitted that the cross-examination of the petitioner was completed in December, 2018. Hence, considering the relevant facts, CO 1244 of 2020 and the connected application, being CAN 1 of 2020, are disposed of with a direction on the learned Additional District Judge, 3rd Court, Howrah to dispose of the Matrimonial Suit No. 311 of 2013 as expeditiously as possible and preferably within a period of three months from the date of the order subject to the usual limitations brought about by the pandemic. (Moushumi Bhattacharya, J.)