Calcutta High CourtCO/1516/2020disposed

Dipanwita Dasgupta @ Dipanwita Chaudhuri v. Sandip Kumar Dasgupta

2020-12-09Hon'Ble Justice Shampa Sarkar2 pages

S/L 23 09.12.2020 Court. No. 19 GB C.O. 1516 of 2020 Smt. Dipanwita Dasgupta @ Dipanwita Chaudhuri Vs.

Sri Sandip Kumar Dasgupta (Through Video Conference) Mr. Alotria Mukherjee.

... for the Petitioner.

This is an application filed by the wife, who is the plaintiff in Matrimonial Suit No.736 of 2008, pending before the learned Additional District Judge, Chandernagore, Hooghly.

The petitioner is aggrieved by an order dated January 17, 2020. By the order dated January 17, 2020 the learned Additional District Judge, Chandernagore, Hooghly directed the Superintendent, Kolkata Medical College and Hospital to constitute a Medical Board for medical examination of Sandip Kumar Dasgupta afresh and to communicate the date fixed for appearance of the respondent Sandip Kumar Dasgupta before the Medical Board for potency test. The Superintendent cum Vice Principal, Kolkata Medical College and Hospital was directed to fix the said date within the next two months. The learned court below directed that a report should be filed before the learned court below on March 30, 2020. This order has been challenged by the petitioner by filing this application after a period of almost twelve months.

I do not find any reason to interfere with the order impugned.

It appears that by the order impugned the learned court below was satisfied that the respondent in the matrimonial suit had not received the communication from the Medical Board to appear before it. This is a discretionary order and the learned Judge had fixed the date within the next two months for examination. The petitioner is also not aware whether such examination has been done. The revisional application is, thus, dismissed. It is expected that now as the normalcy of the Court has been resumed, the matrimonial suit, which is of 2008 shall be decided expeditiously preferably within a period of one year from date of communication of this order. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)