Prabir Kumar Biswas v. Smt Sumana Bhattacharya And ORS

06.01.2021 Court No. 19 Item No. 14 CP C.O. 1632 of 2020 Prabir Kumar Biswas vs.

Smt. Sumana Bhattacharya & ors.

(via video conference) Mr. Javed K Sanwarwala ....for the petitioner.

Mr. Rudra Prasad Matilal ....for the respondent.

This is an application seeking expeditious disposal of the application under Section 12 of the Guardians & Wards Act, 1890 filed by the petitioner in Act VIII Case No. 34 of 2020. It is prayed that the application for interim visitation may be directed to be disposed of expeditiously. I find that a date has been fixed on February 15, 2021, awaiting S/R and A/D.

Today Mr. Matilal, learned advocate appearing for the wife, undertakes that on the next day the wife will be represented before the court and no unnecessary adjournment will be taken. Mr. Matilal further says that the Act VIII case has been filed in Asansol but the learned District Judge, Asansol does not have the jurisdiction to hear the Act VIII case. This court is not going into the merits of the claims and counter claims of the parties. All points

are left open to be decided by the learned court below including the point of jurisdiction if raised. It is expected that the learned court below will consider the applications expeditiously and in accordance with law.

As the date has already been fixed for hearing of the Act VIII case on February 15, 2021, this Court refrains from passing any order.

The revisional application is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)