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Calcutta High CourtCO/235/2025disposed

Tapan Kumar Biswas @ Tapan Biswas v. Rina Biswas

2026-03-16Hon'Ble Justice Biswaroop Chowdhury3 pages

S/L 29 16.03.2026 Court No.4 Swd Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CO 235 of 2025 Tapan Kumar Biswas @ Tapan Biswas Vs.

Rina Biswas Mr. Mr. Jaydeep K. Bowmik, Mr. Sayantan Bhowmik, Mr. S. Kumar, Ms. Priti Das.

... for the Appellant.

Ms. Tania Bhowmik, Ms. A. Ghosh.

... for the Respondent.

1.

The learned Advocate for the parties are present.

2.

This application under Article 227 of the Constitution is filed praying for a direction upon the learned Trial Court to expedite the hearing of the suit being MAT 643 of 2024 filed under Section 13(1) (ia) (ib) pending before the Court of learned Additional District Judge, 1st Fast Track, First Court at Jalpaiguri.

3.

It is the contention of the petitioner that the mediation proceedings have failed and the learned Trial Court be directed to expedite the hearing of this matter.

4.

The learned Advocate for the respondent submits that an application under Section 24

of the Hindu Marriage Act is pending before the learned Trial Court which also requires disposal.

5.

In the facts and circumstances, this Court is of the view that in the interest of justice the learned Trial Court should be directed to dispose of both the suits as well as the application under Section 24 of the Hindu Marriage Act.

6.

Thus, the learned Trial Court is requested to dispose of the application under Section 24 of the Hindu Marriage Act preferably within a period of two months from the next date fixed. Upon disposal of the application under Section 24 of the Hindu Marriage Act, 1955 the learned Trial Court shall take necessary steps for disposal of the main suit, Matrimonial Suit No.643 of in accordance with law, expeditiously.

7.

It is hereby made clear that this Court has not gone into the merits of the case and the parties will be at liberty to agitate relevant points of law and facts before the learned Trial Court.

8.

In view of the above, CO 235 of 2025 stands disposed of.

9.

Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(BISWAROOP CHOWDHURY, J.)