Tapas Kumar Paul Vs Mitul Paul — Calcutta HC (2025) — LawSathi Research

Tapas Kumar Paul Vs Mitul Paul — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revisional application disposed of with a request to the learned Additional District Judge, Fast Track, Court No.2, Barrackpore, North 24 Parganas to decide Mat Suit No.1094 of 2022 expeditiously, preferably within one year from communication of the order, subject to the condition that the direction ceases to operate upon the husband's default in paying maintenance awarded; no order as to costs.

Issue for consideration

Whether the learned court below should be directed to decide Mat Suit No.1094 of 2022 expeditiously. +1 more

Court's answer

The revisional application is disposed of by requesting the learned Additional District Judge, Fast Track, Court No.2, Barrackpore, North 24 Parganas to decide the suit expeditiously, with adequate opportunities to all contesting parties, preferably within one year from the date of communication of the order.

Ratio / Principle

The prayer being innocuous and expeditious disposal enuring to the benefit of both parties, there is no requirement for service of prior notice upon the opposite party.

Key takeaways

If the wife files a maintenance application it shall be decided in accordance with law; if maintenance is ordered and paid, the suit shall proceed expeditiously; if maintenance is awarded but the husband defaults, the expeditious-disposal direction shall not operate.ratio¶¶15
The court has not expressed any opinion on the merits of the suit; the learned court below shall proceed independently and in accordance with law.ratio¶¶16
A copy of the revisional application along with a server copy of the order is to be served upon the opposite party and/or her advocate in the court below within a week, and an affidavit-of-service is to be filed before the court below.

Detailed headnote1 paragraphs

Revisional application (CO 434 of 2025) by the husband seeking expeditious disposal of Mat Suit No.1094 of 2022 pending before the learned Additional District & Sessions Judge, Fast Track, Court No.2, Barrackpore, North 24 Parganas. Held: the prayer being innocuous, and expeditious disposal enuring to the benefit of both parties, no prior notice upon the opposite party was required. The court below was requested to decide the suit expeditiously, upon giving adequate opportunities to all contesting parties, preferably within one year from the date of communication of the order. If the wife files a maintenance application it shall be decided in accordance with law; if maintenance is awarded and paid the suit shall proceed expeditiously, but upon the husband's default in paying maintenance awarded, the expeditious-disposal direction shall not operate. No opinion was expressed on the merits of the suit. Copy of the application and order to be served on the opposite party within a week; affidavit-of-service to be filed before the court below. Application disposed of; no order as to costs.

14.11.2025 SL No.13 Court No.6 (gc)

CO 434 of 2025

Sri Tapas Kumar Paul Vs. Smt. Mitul Paul

Mr. Debnath Mahata

…for the Petitioner.

This is an application for expeditious disposal of Mat Suit No.1094 of 2022 which is pending before the learned Additional District & Sessions Judge, Fast Track, Court No.2, Barrackpore, North 24 Parganas.

The petitioner is the husband who prays that the learned Court below be directed to proceed with the suit. It is submitted that the several dates have been fixed for re-conciliation, but there is no scope for re-conciliation. It is also submitted that the wife has not filed an application for maintenance pendente lite.

3.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, this revisional application is disposed of by requesting the learned Additional District Judge, Fast Track,

2

Court No.2, Barrackpore, North 24 Parganas, to decide the suit expeditiously, upon giving adequate opportunities to all the contesting parties, preferably within a period of one year from the date of communication of this order.

If the wife files any application for maintenance, the same shall be decided in accordance with law. If maintenance is ordered and the husband pays the maintenance, the suit shall proceed expeditiously. In the event maintenance is awarded by the Court but the husband commits default, this order will not operate as regards expeditiously disposal.

This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week. 8. Affidavit-of-service to be filed before the Court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)