Single judge granted liberty to correct the cause title of a revisional application and directed the lower court to dispose of the underlying matrimonial suit expeditiously within six months.
Direction to the lower court to dispose of Mat. Suit No. 618 of 2016 expeditiously, preferably within six months.
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11.03.2021 Court No. 19 Item No.13 CP
C.O. 489 of 2021
Sourav Halder vs.
The State of West Bengal & anr.
(via video conference)
Mr. Sachetan Ghosh
…..for the petitioners.
Liberty is granted to the petitioner to correct the cause title of the revisional application by deleting the opposite party no. 1.
This revisional application has been filed praying for expeditious disposal of the Mat. Suit No. 618 of 2016, pending before the learned Additional District Judge (2nd Court), Barrackpore.
It is the contention of the petitioner that the suit is at the stage of evidence.
It is also submitted by the learned advocate for the petitioner that the wife did not file any application under Section 24 of the Hindu Marriage Act for maintenance and the application filed under Section 125 of the CPC has been dismissed.
Without going into the merits of the Matrimonial Suit and without making any observations with regard to the contentions of the petitioner in the revisional application, this revisional application is disposed of with a direction upon the
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learned court below to dispose of the Mat Suit No. 618 of 2016 expeditiously, preferably within a period of six months from the next date fixed.
The learned court below shall proceed on the merits of the suit independently and in accordance with law.
The petitioner is directed to serve a copy of the revisional application along with the server copy of this order upon the opposite parties with a week from date.
The revisional application is disposed of. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.
(Shampa Sarkar, J.)
Sourav Halder
The State of West Bengal
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
