Jhuma Dey v. Shankar Dey And ORS

11.04.2023 SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction C.O. 135 of 2022 Jhuma Dey -versusShankar Dey & Ors.

Mr. Pritam Roy ... for the petitioner This is an application filed under Article 227 of the Constitution of India.

Endorsement of Registry showed no Caveat was lodged.

None appeared for the opposite parties.

The petitioner is the mother of one minor son. The father of the minor son and the husband of the petitioner had committed suicide and died on January 27, 2017. Since then, the opposite parties-in-laws of the petitioner did not allow the petitioner mother to take custody of the minor son.

In the light of the above facts the petitioner mother instituted Misc. Judl. Case No. 14 of 2018 under the provision of Sections 7 and 25 of the Guardians And Wards Act, 1890 (the said Act) read with Sections 6 of the Hindu Minority and Guardianship Act, 1956.

On perusal of materials on record and the order sheet annexed to the said application, it appeared to this Court that, repeatedly from time to time the entire proceeding with connected applications was adjourned and was not heard to its logical conclusion for substantial period of time.

Considering the submissions made by Mr.

Pritam Ray, learned counsel appearing on behalf of the petitioner and considering the materials on record the jurisdictional Civil Judge being the learned Additional District Judge, 1st Court, Jalpaiguri is requested to take up the matter without granting any unnecessary adjournment and to conclude the proceeding being Misc. Judl. Case No. 14 of 2018 in accordance with law within a period of eight months from the date of communication of this order. It is made clear that the entire proceeding as directed herein could include all the pending connected applications.

The petitioner shall serve a copy of this order upon the opposite parties.

With the above observation, this revisional application being C.O. 135 of 2022 stands disposed of, without any order as to costs.

(ANIRUDDHA ROY, J.)