Calcutta High CourtCRR/238/2024disposed

Rinku Dutta v. Debraj Dutta And ORS

2024-07-11Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

akb 11.07 Ct. No. 3 In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction C.R.R. 238 of 2024 Rinku Dutta Vs.

Debraj Dutta & Ors.

Mr. S. Mukherjee Ms. Oshmita Mukherjee Ms. Anindita Chakraborty ...For the Petitioner This is an application wherein the petitioner has sought for expeditious disposal of the petitioner filed by the petitioner herein under Section 20 of the Protection of Women under Domestic Violence Act seeking monetary relief.

It is submitted on behalf of the petitioner that Section 12(5) of the Act of 2005 clearly mandates the time period within which the entire procedure is to be completed but in the present context more than 151 days have already been passed but the Court below has not yet disposed of the petitioner's prayer for monetary relief. It is submitted on behalf of the petitioner that she has made a prayer for passing interim order in respect of his monetary relief under Section 23 of the Act but that prayer has also not been disposed of. Since the prayer made on behalf of the petitioner is innocuous, the service of copy of the application upon the opposite parties is dispensed with.

Having considered the facts and circumstances of the case and upon hearing the learned Counsel appearing on behalf of the petitioner,

present application, being C.R.R. 238 of 2024 is hereby disposed of with a direction upon the learned Judicial Magistrate, 2nd Court, Jalpaiguri to make every endeavour to dispose of the petitioner's prayer for interim monetary relief on the next date of hearing, i.e. on 20th July, 2024 and if for some reason or other, it could not be disposed of on that date, the Court below will take its best effort to dispose of the said interim prayer under Section 23 of the Act within a period of two weeks thereafter, conducting day to day hearing, if required. Urgent photostat certified copy of this order, if applied for be given to the parties, on priority basis, upon compliance of all necessary formalities.

(Ajoy Kumar Mukherjee, J. )