Calcutta High Court (Appellete Side)
Uttam Kr. Das vs Sagar Sinha on 10 February, 2023
10.2.202
8. 3
Ct-23
CPAN 1423 of 2022
in
s.g WPA 11037 of 2021
.
Uttam Kr. Das
Vs.
Sagar Sinha
Mr. Prasenjit Debnath
Mr.Pritha Biswas
.... For the Petitioner.
This contempt application is appearing
for the first time. Let a copy of this application
be served on the alleged contemnor.
Let this matter appear on 3 rd March,
2023. The petitioner shall file an affidavit of
service on returnable date to demonstrate
service
( Arindam Mukherjee,J.)
ile any written statement to contest the suit. On
29th November, 2018 by order no. 3 the suit was
directed to be heard ex parte. Accordingly, the
suit appeared. The impugned judgment records
that the husband/respondent exhibited three
documents and adduced evidence to establish
his case that he was subjected to cruelty by the
wife. The learned trial judge on the basis of
unchallenged testimony of the husband decreed
the suit. The suit was decreed on the ground of
cruelty and desertion.
Learned counsel appearing for the
appellant/wife submits that although the records
show that the summons of the suit was served
upon the wife, the wife has not received the
summons and she became aware of the suit only
when the decree was passed.
However, having regard to the fact that
delicate issues involved in the matrimonial suit
and the respondent/husband has agreed that
the suit may be heard on contest, we set aside
the impugned decree and direct the learned
Additional District Judge, Fast Track, 2nd Court,
Sealdah, to hear the suit from the stage of
evidence of the wife.
The appellant/wife shall file written
statement within two weeks from date. In
default, this order shall stand recalled and the
impugned judgment shall stand revived.
The learned trial judge shall give direction,
which shall be peremptory in nature with regard
to the procedural matter and both the parties
shall abide by such direction.
Consequent upon filing the written statement
and framing of issues, if required, the
respondent shall be entitled to adduce further
evidence and he shall be cross-examined by the
appellant/wife. Thereafter, the evidence on
examination and cross-examination of the wife's
witness shall start. The evidence of the husband
is already on record shall remain and the wife
shall be at liberty to cross-examine the
husband/respondent in relation to any other
evidence that the respondent/husband may
desire before the cross-examination of the wife.
The documents already marked as exhibits
in the trial court shall remain on record.
The learned Additional District Judge, Fast
Track Court-II, Sealdah is requested to dispose of
the matrimonial suit as expeditiously as possible
preferably within a period of one year from the
date of filing of the written statement.
In view of the above, FAT 187 of 2019 is
disposed of.
In view of disposal of the appeal, CAN 1 of
2019 is accordingly disposed of.
Let a copy of this order be communicated to
the learned Additional District Judge, Fast Track
Court-II, Sealdah for information and doing the
needful through learned Registrar
Administration (L & OM).
(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)
