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Calcutta High CourtCO/41/2024disposed

Shri.Sudeep Kishen v. Smti.Kavita Das

2024-11-06Hon'Ble Justice Partha Sarathi Sen2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/41/2024 Shri Sudeep Kishen ...Petitioner Vs.

Smti. Kavita Das ... Respondent Mrs. Anjili Nag ... for the Petitioner Mr. K.M. Sheher ...for the Respondent November 06, 2024 (M.A.Mobin) Item No.1

1. The petitioner and the respondent are represented by their respective Counsels.

2. This is an application under Article 227 of the Constitution of India as filed by the petitioner/husband praying for expeditious disposal of the suit being Matrimonial Suit No.242 of 2023 as pending before the Learned Judge, Family Court at Port Blair.

3. On perusal of the Certified Copy of the impugned order it reveals that the learned Trial Court has fixed 26.11.2024 for filing written statement by the defendant who is the respondent herein.

4. Such being the position this Court while disposing the instant proceeding directs the respondent/wife herein to positively file her written statement on

the fixed date i.e. on 26.11.2024, failing which liberty is given to the learned Trial Court to proceed with the said suit i.e. Matrimonial Suit No.242 of 2023 ex parte against the defendant.

5. In the event the respondent/wife herein files her written statement on the scheduled date i.e. on 26.11.2024 learned Trial Court shall fix a date for framing an issue within a fortnight therefrom and after framing the issues and after observing the formalities of discovery and inspection, he shall proceed with the recording of evidence of PWs and DWs in de-die-in-diem manner and shall make an endeavor to dispose of Matrimonial Suit No.242 of 2023 preferably within six months from the date of communication of this order.

6. Learned Trial Court is hereby directed to act on the server copy of this order.

7. With the aforementioned observation the CO No.41 of 2024 is disposed of.

8. Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Partha Sarathi Sen, J.)