Somrita Saha Vs Subhajit Saha — Maintenance and Alimony | Calcutta HC (2026)

Somrita Saha Vs Subhajit Saha — Maintenance and Alimony | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Direction upon the Court below (learned Judicial Magistrate, 2nd Court at Barasat) to dispose of the petitioner’s interim maintenance application on the next date fixed, i.e. on 2nd June, 2026 or preferably within a period of 30 days thereafter, and to make his best endeavour to conclude the entire proceeding filed under Section 125 of the Cr.P.C. preferably within a period of six months thereafter; service of copy of the application upon the opposite party dispensed with.

Issue for consideration

Whether the Trial Court should be directed to expeditiously dispose of the petitioner’s pending interim maintenance prayer and the main maintenance application under Section 125 of the Cr.P.C. (Maintenance Case No.135 of 2024) before the learned Judicial Magistrate, 2nd Court at Barasat.

Court's answer

The interim maintenance prayer having remained pending for about two and a half years, the petitioner’s prayer for a direction for expeditious disposal is justified and is required to be allowed to secure the ends of justice.

Ratio / Principle

The prayer being innocuous and causing no prejudice to the opposite party, service of a copy of the application upon the opposite party is dispensed with.

Key takeaways

CRR 2001 of 2026 disposed of with a direction upon the Court below to dispose of the petitioner’s interim maintenance application on the next date fixed (2nd June, 2026) or preferably within a period of 30 days thereafter, and to make his best endeavour to conclude the entire proceeding under Section 125 of the Cr.P.C. preferably within a period of six months thereafter.ratio¶10

Detailed headnote1 paragraphs

Maintenance — Section 125 Cr.P.C. — expeditious disposal — wife’s interim maintenance prayer pending for about two and a half years in Maintenance Case No.135 of 2024 before learned Judicial Magistrate, 2nd Court at Barasat — petitioner approached the Calcutta High Court in revision (CRR 2001 of 2026) seeking a direction for early disposal — Court (Dr. Ajoy Kumar Mukherjee, J.) held the prayer justified and required to be allowed to secure the ends of justice; service of copy of the application on the opposite party dispensed with as the prayer was innocuous and caused no prejudice; CRR disposed of with a direction to dispose of the interim maintenance application on the next fixed date (2nd June, 2026) or preferably within 30 days thereafter, and to conclude the entire Section 125 proceeding preferably within six months thereafter.

19.05.2026 Sl. No.31. D/L. Mithun. Ct.No.29.

CRR/2001/2026 Somrita Saha Vs. Subhajit Saha

Mr. Debayudh Ganguly

…for the petitioner

In this application the petitioner has prayed for a direction upon the Trial Court for expeditious disposal of the maintenance application being Maintenance Case No.135 of 2024 presently pending before learned Judicial Magistrate, 2^nd Court at Barasat.

Being aggrieved by the inordinate delay caused in disposal of the petitioner’s maintenance prayer, learned Counsel for the petitioner submits that on 28^th February, 2024, the petitioner/wife filed an application under Section 125 of the Cr.P.C. along with a prayer for interim maintenance. The said prayer for interim maintenance application has not yet been disposed of and the opposite party/husband is taking time one after another on the ground of filing affidavit of assets and liabilities before the Court below. He further submits that the petitioner/wife has already submitted the affidavit of assets and liabilities before the Court below. Accordingly, he prayed for necessary direction for early disposal of the interim maintenance application filed by the petitioner/wife as well as early disposal of the main application filed under Section 125 of the Cr.P.C.

2

Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with.

Having considered the fact that the interim maintenance prayer made by the petitioner is pending for about two and half years and that the petitioner being a hapless lady is knocking the door of justice without having any redress, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice.

In view of above, the instant application being CRR 2001 of 2026 is hereby disposed of with a direction upon the Court below to dispose of the petitioner’s interim maintenance application on the next date fixed, i.e. on 2^nd June, 2026 or preferably within a period of 30 days thereafter and to make his best endeavour to conclude the entire proceeding filed under Section 125 of the Cr.P.C. preferably within a period of six months thereafter.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

( Dr. Ajoy Kumar Mukherjee, J. )