Sukumar Adhikary v. Sona Barman
S/L 45
IN THE HIGH COURT AT CALCUTTA
12.08.2025 CIRCUIT BENCH AT JALPAIGURI Court. No. 3 CIVIL REVIOSIONAL JURISDICTION Suvayan APPELLATE SIDE CO 162 of 2025 Sri Sukumar Adhikary Vs.
Smt. Sona Barman Mr. Satyam Sarkar ...for the petitioner.
1.
By filing the instant application under Article 227 of the Constitution of India the revisionist/husband who is the petitioner in Matrimonial Suit no. 119 of 2022 as pending before the Additional District Judge, Mathabhanga, Cooch Behar complains slow progress of the said suit on account of successive adjournments taken by the opposite party/wife herein who is the respondent in the said suit.
2.
It is submitted that from the certified copy of the orders as have been annexed with the instant revisional application it would reveal that even after disposal of the application for alimony pendente lite under Section 36 of the Special Marriage Act, 1954 as filed by the opposite party/wife herein, the trial of the said suit cannot be progressed on account of noncooperation by the opposite party/wife herein. 3.
On being asked by this Court, learned Advocate appearing on behalf of the petitioner/husband submits that the said suit is now at the stage of the crossexamination of PW 1. 4.
Considering the entire facts as placed before this Court, this Court considers that the instant revisional
application can be disposed of even without causing service of notice upon the opposite party/wife. 5.
This Court thus while disposing the instant revisional application directs the learned Additional District Judge, Mathabhanga, Cooch Behar to proceed with Matrimonial Suit no. 119 of 2022 without granting any unnecessary adjournments to either sides and shall come to a logical conclusion of the same positively within the last day of December, 2025.
6.
The time limit as fixed by this Court is mandatory and peremptory.
7.
Liberty is given to the learned Advocate-on-Record for the revisionist/husband to communicate the server copy of this order to the learned trial court. 8.
Learned trial court is hereby directed to act on the server copy of this order.
9.
With the aforementioned observation, CO 162 of 2025 is disposed of.
10. Before parting with, the department is also directed to communicate a copy of this order to the learned trial court forthwith.
11.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Partha Sarathi Sen, J.)