Purnima Sarkar Vs State of West Bengal and Ors. — Domestic Violence | Calcutta HC (2026)

Purnima Sarkar Vs State of West Bengal and Ors. — Domestic Violence | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Direction upon the court below (learned Additional Chief Judicial Magistrate, Baruipur, 2nd Court) to make every endeavour for expeditious disposal of the petitioner's application under section 12 of the Protection of Women from Domestic Violence Act (Criminal Case No. 64 of 2025) and to dispose of the entire proceeding within six months from the next date of hearing.

Issue for consideration

Whether the court below should be directed to expeditiously dispose of the maintenance proceeding (Crl. Misc. Case No. 64 of 2025) under section 12 of the Protection of Women from Domestic Violence Act, pending before the learned Additional Chief Judicial Magistrate, Baruipur, 2nd Court, in compliance with the High Court's earlier order dated 27.10.2025.

Court's answer

The court found the petitioner's prayer justified and required to be allowed for securing the ends of justice, noting the trial court's non-compliance with the earlier order dated 27.10.2025 despite eleven dates being fixed, and the statutory emphasis on early disposal under section 12(5) of the Act of 2005.

Ratio / Principle

The prayer made by the petitioner being innocuous, with no cause of prejudice to the opposite parties, service of a copy of the application upon the opposite parties was dispensed with.

Key takeaways

The court below was directed to make every endeavour for expeditious disposal of the petitioner's application under section 12 of the Protection of Women from Domestic Violence Act.ratio¶12
The court below was further directed to dispose of the entire proceeding within a period of six months from the next date of hearing.ratio¶12

Detailed headnote1 paragraphs

Single-Judge order (Dr. Ajoy Kumar Mukherjee, J.) disposing of CRR 2057 of 2026 (Purnima Sarkar v. State of West Bengal & Ors.). The petitioner sought a direction for expeditious disposal of her maintenance proceeding, Crl. Misc. Case No. 64 of 2025 under section 12 of the Protection of Women from Domestic Violence Act, pending before the learned Additional Chief Judicial Magistrate, Baruipur, 2nd Court. Despite this High Court's earlier order dated 27.10.2025 in WPA 22429 of 2025 directing disposal preferably within one month, the trial court had fixed eleven dates without making any endeavour for early disposal, and no evidence had been recorded. Relying on the statutory emphasis on early disposal under section 12(5) of the Act of 2005, the Court held the prayer justified for securing the ends of justice, dispensed with service of the application on the opposite parties as innocuous, and directed the court below to make every endeavour for expeditious disposal and to complete the entire proceeding within six months from the next date of hearing.

21.5.2026 22. BD

CRR 2057 of 2026

Purnima Sarkar Vs.

State of West Bengal & Ors.

Mr. Shamik Bagchi Mr.Subhranil Mukherjee. …for the Petitioner

In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the maintenance proceeding being Crl. Misc. Case No. 64 of 2025 pending before learned Additional Chief Judicial Magistrate, Baruipur, 2^nd Court.

Learned counsel for the petitioner submits that the petitioner earlier filed a writ application before this Court being WPA 22429 of 2025, when she faced a threat of disconnection of electricity and this High Court while disposing of the said writ application had passed an order on 27.10.2025 thereby directing the court below to dispose of the petitioner’s application under section 12 of the Protection of Women from Domestic Violence, Act, as expeditiously as possible, preferably within a period of one month from the date of communication of the order. Till date, learned court below has not recorded evidence to be adduced on behalf of the parties and the matter is still pending for disposal. Therefore, he prayed for necessary direction upon the court below.

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 therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with.

I have considered the submission of the petitioner. It appears from the server copy of the case history that after passing of the aforesaid order by this High Court on 27.10.2025, the trial court fixed as many as eleven dates for passing order but till date he has not made any endeavour for expeditious disposal of the case in compliance with the order passed by this High Court earlier. Moreover, the statute emphasizes to take endeavour for early disposal of such cases under section 12(5) of the Act of 2005.

In such circumstances, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice.

In view of the above, the instant application being CRR 2057 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the aforesaid application filed by the petitioner under section 12 of the Protection of Women from Domestic Violence, Act, being Criminal Case No. 64 of 2025 and to dispose of the entire proceeding within a period of six months from the next date of hearing.

3

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

(Dr. Ajoy Kumar Mukherjee, J.)