Disposed¶12

Srinwanti Dey Das v. Saurav Das and Ors.

Calcutta HC3 Mar 2025CRR/95/2025

Case brief

AI extract

What is this about?

Keywords: Section 528 BNSS 2023; expeditious disposal of criminal appeal; Criminal Appeal No. 03(01) of 2025; Section 12 Protection of Women from Domestic Violence Act; interim monetary relief Rs. 8,000/- and Rs. 4,000/- per month; direction to conclude appeal within three months; Jalpaiguri Circuit Bench; C.R.R. 95 of 2025; Srinwanti Dey Das v. Saurav Das; notice dispensed with; DV Act maintenance appeal expedition.

What did the court decide?

Direction upon the Court below to make every endeavour for expeditious disposal of Criminal Appeal No. 03(01) of 2025 and to conclude the entire proceeding preferably within three months from the next date, after giving opportunity to both parties to contest as far as possible; urgent Photostat certified copy of the order to be given to the parties on priority basis upon compliance of requisite formalities.

Srinwanti Dey Das Vs Saurav Das and Ors. — Domestic Violence | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court below should be directed to dispose of Criminal Appeal No. 03(01) of 2025 (preferred against the interim monetary relief order in the petitioner's Section 12 Domestic Violence Act proceeding) expeditiously, so that the petitioner and her daughter are not deprived of monetary and other relief for an indefinite period.

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Court's answer

The prayer made on behalf of the petitioner was held innocuous and justified, required to be allowed for the ends of justice; accordingly, service of copy of the application or notice upon the opposite party was dispensed with, as the other party would have no cause of prejudice.

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Ratio / Principle

C.R.R. 95 of 2025 was disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the appeal and to conclude the entire proceeding preferably within a period of three months from the next date, after giving opportunity to both parties to contest as far as possible.

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Detailed headnote1 paragraphs

Calcutta High Court, Circuit Bench at Jalpaiguri (Criminal Revisional Jurisdiction), C.R.R. 95 of 2025 (Dr. Ajoy Kumar Mukherjee, J.). The wife-petitioner moved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking expeditious disposal of Criminal Appeal No. 03(01) of 2025, preferred by her husband (respondent No. 1) against the learned Trial Court's interim monetary-relief order (Rs. 8,000/- per month to the petitioner and Rs. 4,000/- per month to her daughter till disposal of the case) passed on her Section 12 Domestic Violence Act application of 2024; the appeal was admitted on 10th January, 2025 with the next Office Report date of 10th March, 2025. Holding the prayer innocuous and justified for the ends of justice, the Court dispensed with service of copy/notice on the opposite party and disposed of the revision petition with a direction to the Court below to make every endeavour to conclude the appeal preferably within three months from the next date, giving both parties opportunity to contest as far as possible.

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14 03.03 akb 2025

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03.03 Calcutta High Court 2025 In the Circuit Bench at Jalpaiguri Ct. No. 3 Criminal Revisional Jurisdiction

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C.R.R. 95 of 2025 Smt. Srinwanti Dey Das Vs. Sri Saurav Das & Ors.

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Mr. Abhilash Mittal Mr. Abhishek Tamang …For the Petitioner

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This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 wherein the petitioner has prayed for a direction upon the Court below for expeditious disposal of the Criminal Appeal No. 03(01) of 2025.

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It is submitted on behalf of the petitioner that the petitioner herein preferred an application under Section 12 of the Domestic Violence Act in the year 2024 wherein the learned Trial Court passed an interim order of monetary relief directing the respondent No. 1 to make payment of Rs. 8,000/- per month for the petitioner and Rs. 4,000/- per month for her daughter till disposal of the case.

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Being aggrieved by that order the opposite party husband has preferred the above-mentioned Criminal Appeal, being Criminal Appeal No. 03(01) of 2025 which was admitted by the Appellate Court on 10^th January, 2025 and the next date for Office Report has been fixed on 10^th March, 2025.

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It is submitted on behalf of the petitioner that Section 12(5) of the Protection of Women from Domestic Violence Act stipulates that every such dispute is to be disposed of within sixty days and since the

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appeal is the continuation of the main proceeding so direction may be passed upon the Court below for expeditious disposal of the aforesaid appeal, so that the petitioner may not be deprived of her legitimate claim of monetary relief and other relief for herself and her daughter for an indefinite period.

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Having heard learned Counsel appearing on behalf of the petitioner it appears that the prayer made on behalf of the petitioner is innocuous and if it is allowed in terms of the prayer made on behalf of the petitioner, other party will have no caused to prejudice, the service of copy of the application or notice upon the opposite party is dispensed with.

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Since it appears that the prayer made on behalf of the petitioner is justified and required to be allowed for the ends of justice, the present application, being C.R.R. 95 of 2025 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the appeal and to make his best effort to conclude the entire proceeding preferably within a period of three months from the next date after giving opportunity to both the parties to contest as far as possible.

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Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all requisite formalities.

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(Dr. Ajoy Kumar Mukherjee, J. )

Srinwanti Dey Das v. Saurav Das and Ors.

Case brief

What is this about?

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Srinwanti Dey Das v. Saurav Das and Ors.

Case brief

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What the court decided

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