Disposed¶23

Neha Soni v. Rishab Jain

Calcutta HC18 Sept 2025CRR/3806/2025

Case brief

AI extract

What is this about?

Neha Soni v. opposite party (husband unnamed); C.R.R. 3806 of 2025; decided 18.09.2025 by Chaitali Chatterjee (Das), J.; BNSS 2023 Ss.529, 528; P.W.D.V. Act 2005 S.23; interim maintenance Rs.35,000/- (JM 6th Court, Sealdah, 03.10.2024); Criminal Appeal No.07 of 2024 before A.D.J., F.T.C.-1, Sealdah; Section 5 Limitation Act condonation of delay; stay application unheard; husband paying Rs.8,000/- per month; directions for expeditious disposal; disposed.

What did the court decide?

Revisional application disposed of with directions for expeditious disposal: Section 5 application first, then stay application and criminal appeal; hearings on the next fixed date without unnecessary adjournments; disposal within a month after the fixed-date hearing; copy of order to be sent to the trial court for information and compliance. ¶23

Neha Soni Vs Rishab Jain — Domestic Violence | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the revising court should direct the learned A.D.J., F.T.C.-1, Sealdah to dispose of the Section 5 (condonation of delay) application first, and thereafter the stay application and Criminal Appeal No.07 of 2024 (challenging the interim maintenance order in DV Case No.18 of 2023), expeditiously.

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Court's answer

The appellate court is directed to make all endeavour to dispose of the Section 5 application first and, if allowed, then the stay application and the criminal appeal as expeditiously as possible, without granting unnecessary adjournments or taking steps causing hindrance.

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Ratio / Principle

The Section 5 application and the stay application must be heard on the next date fixed by the learned Court without granting any unnecessary adjournment to either party.

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Key takeaways

If no situation prevents taking up the matter on the date fixed, it must be disposed of within a month thereafter positively, with other necessary steps so the case is completed within a reasonable time.ratio¶22
Observation that the delay in hearing the criminal appeal indulges the appellant/husband in not paying the entire maintenance amount under the garb of pendency of the appeal.obiter¶17

Detailed headnote1 paragraphs

Criminal revisional application (C.R.R. 3806 of 2025) under Sections 529 and 528 of the B.N.S.S., 2023 by Neha Soni seeking expeditious disposal of Criminal Appeal No.07 of 2024, pending before the learned A.D.J., F.T.C.-1, Sealdah, against the interim maintenance order of Rs.35,000/- passed on 3rd October, 2024 by the learned Judicial Magistrate, 6th Court, Sealdah in DV Case No.18 of 2023. Noting that neither the Section 5 Limitation Act (condonation of delay) application nor the stay application had been heard since filing on 06.12.2024, the court directed that the Section 5 application be disposed of first, followed by the stay application and the appeal, both to be heard on the next fixed date without unnecessary adjournments, and the matter disposed of within a month thereafter. Application disposed of accordingly.

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18.09.2025 Ct. No. 446 Item No.13 KS

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C.R.R. 3806 of 2025

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In the matter of: Neha Soni

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...… Petitioner

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Mr. Abhijit Chowdhury

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.…For the Petitioner

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This instant criminal revisional application has been filed under Section 529 readwith Section 528 of the B.N.S.S., 2023 for expeditious disposal of the Criminal Appeal No.07 of 2024 in connection with DV Case No.18 of 2023 passed by the learned Judicial Magistrate, 6^th Court, Sealdah under Section 23 of the D.V. Act, 2025, which is pending before the learned Additional District & Sessions Judge, 1^st Fast Track Court at Sealdah..

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It is the case of the petitioner that the complaint under Section 23 of the P.W.D.V. Act, 2005 was filed against the opposite party before the learned Additional Chief Judicial Magistrate at Sealdah, which was registered as Case No.18 of 2023 and the matter was head on 23^rd March, 2023.

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After considering the facts and circumstances and after going through the materials on record, the learned 6^th Judicial Magistrate took cognizance of the said complaint case and transferred the same before the learned 6^th Judicial Magistrate at Sealdah. The said Court passed an interim order of maintenance of Rs.35,000/- to the petitioner on 3^rd October, 2024.

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Being aggrieved thereby, a criminal appeal was filed by the husband before the learned Additional District and Sessions Judge, 1^st Fast Track Court, Sealdah and since thereafter, the matter is pending.

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It is further submitted that the appeal was filed alongwith an application for condonation of delay. But, till date, such application for condonation of delay has also not been entertained. Interestingly, the learned Court directed the copy of the stay application to be served upon the present petitioner without annexures and she received 56 grams of envelope, which was only the stay application. No copy of Section 5 application has been served upon

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her and, therefore, she is in dark regarding the number of days delay in filing of such appeal.

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It is further submitted that the husband is paying only Rs.8,000/- per month instead of Rs.35,000/-, which was directed to be deposited by the learned Judicial Magistrate, 6^th Court, Sealdah and she is financially distressed and is harassed regularly because of long pendency of the matter.

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Having heard the learned counsel appearing for the petitioner and on a careful perusal of the certified copy of the order-sheets filed alongwith this revisional application, it is seen that the appeal alongwith application for stay and the application under Section 5 of the Limitation Act was filed on 06.12.2024 and the case thereafter was transferred before the learned A.D.J., F.T.C. – 1, Sealdah and the said learned Court received the same on 07.12.2024 fixing the date of hearing of application filed under Section 5 of the Limitation Act.

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Meantime, on 4^th January, 2025 by virtue of a put up petition, the said stay application was heard in part and the date was fixed on 8^th January, 2025 for further hearing of the stay petition and since, thereafter, neither the stay petition was heard nor the Section 5 application was taken up for hearing as it appears from the various orders passed by the learned Court.

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Curiously enough, in this matter, the respondent has filed the written objection on 29^th January, 2025 despite that the learned Court kept the matter pending for further hearing of stay application without even making effort to condone the delay in preferring such appeal. It is unfortunate that the learned Court failed to consider that the respondent being the wife having no sufficient means to maintain herself and the learned Court allowed an amount of Rs.35,000/- towards maintenance considering her case, which has been challenged before the Court and, therefore, the delay in hearing the criminal appeal is indulging the appellant/husband not to pay the entire amount under the garb of pendency of such criminal appeal. As a result, the

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matter is also being not proceeded with by the learned Judicial Magistrate, 6^th Court, Sealdah since the matter is pending before the learned Appellate Court.

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Having heard the learned advocate appearing for the petitioner and on a careful perusal of the materials on record, as placed before his Court and considering the number of dates already given, the learned Court is directed to make all endeavour to dispose of the said Section 5 application first and if such application is allowed, then the stay application and also the criminal appeal as expeditiously as possible without granting any unnecessary adjournment to either of the parties and taking all such further appropriate steps, which may cause hindrance in disposal of the case expeditiously.

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It is further directed that the Section 5 application and the stay application must be heard on the next date fixed by the learned Court without granting any unnecessary adjournment to either of the parties.

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It is made clear that in case of no such situation arises for which the matter could not be taken up on the date fixed, the same will be disposed of within a month thereafter positively and also to take other necessary steps so that the case can be completed within a reasonable time.

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In view of the above observation, the instant criminal revisional application stands disposed of.

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Let a copy of this order be send to the learned Trial Court for necessary information and compliance.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(CHAITALI CHATTERJEE (DAS), J.)

Neha Soni v. Rishab Jain

Case brief

What is this about?

What did the court decide?

Neha Soni v. Rishab Jain

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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