Sanjib Tarafdar vs Mausumi Tarafdar Nee Das
2021 Latest Caselaw 135 Cal

12.01.2021

srm

C.O. No. 997 of 2020

Sanjib Tarafdar Vs.

Mausumi Tarafdar nee Das

Mr. Debajyoti Deb ...for the Petitioner.

This is an application for expeditious disposal of the

Matrimonial Suit No.40 of 2007 pending before the learned

Additional District Judge, 10th Court at Alipore, South 24-

Parganas.

It is the contention of the petitioner that the learned

Court below has not concluded the hearing of the matrimonial

suit although several dates have been fixed for arguments.

Records reveal that on April 3, 2018, the Presiding

Officer, who had heard the matter, had fixed April 27, 2018 for

judgment. Thereafter, the Presiding Officer was transferred

and subsequently the learned Judge, who assumed office, also

heard the matter on various days and have continuously fixed

dates for arguments but the said arguments of the parties have

not yet been concluded. By the order dated February 18, 2020,

the learned Court below was pleased to fix March 17, 2020 for

further arguments and hearing of a petition.

It is contended that the wife/opposite party has been

filing one petition or the other and delaying the process. It is

being informed that the next date of hearing is January 27,

2021. It is further informed that the maintenance pendente lite,

as directed by the learned Court below, is being paid by the

husband/petitioner regularly.

Under such circumstances, without going into the

merits of the claims made by the husband in this revisional

application, this revisional application is disposed of with a

direction upon the leaned Court below to dispose of the

Matrimonial Suit No.40 of 2007 along with pending

applications, if any, as expeditiously as possible preferably

within a period of four months from the next date fixed and

without granting unnecessary adjournments to either of the

parties, provided that the husband has been paying the

maintenance pendente lite, as directed by the Court, and there

are no dues pending.

This Court has not gone into the merits of the claim and

counterclaim of the parties and the learned Court below will

proceed with the matter independently and on the merits of

the case.

The learned Advocate for the petitioner is directed to

serve a copy of this revisional application upon the opposite

party along with a server copy of this order within a week

from date.

This revisional application is, thus, disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on priority basis.

(Shampa Sarkar, J.)