Mithu Lahiri Vs Rana Lahiri — Domestic Violence | Calcutta HC (2026)

Mithu Lahiri Vs Rana Lahiri — Domestic Violence | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Direction upon the court below (Learned Judicial Magistrate, 3rd Court, Barrackpore) to dispose of the petitioner's prayer for interim monetary relief on the next date, 6th October, 2026, or within a month thereafter, and to endeavour expeditious disposal of the whole proceeding preferably within six months thereafter; urgent photostat certified copy of the order to be furnished to the parties on compliance of requisite formalities.

Issue for consideration

Whether, given that the petitioner's Section 12 application and its prayer for interim monetary relief have remained pending undisposed for more than one year before the trial court, a direction should issue for disposal of the interim monetary relief prayer on the next fixed date and for expeditious disposal of the proceeding.

Court's answer

Considering the submissions made on behalf of the petitioner, and that her prayer for interim monetary relief has been pending disposal for more than one year, the court finds the petitioner's prayer justified and required to be allowed to secure the ends of justice.

Ratio / Principle

As the petitioner's prayer is innocuous and its allowance would cause the opposite party no prejudice, service of copy of the application upon the opposite party is dispensed with.

Key takeaways

The instant application CRR 2568 of 2026 is disposed of with a direction upon the court below to dispose of the petitioner's prayer for interim monetary relief on the next date, i.e. 6th October, 2026, or within a month thereafter.ratio¶10
The trial court is further directed to make an endeavour for expeditious disposal of the proceeding, preferably within a period of six months thereafter.ratio¶10

Detailed headnote1 paragraphs

Domestic Violence — Protection of Women from Domestic Violence Act, 2005 — Section 12 application (Misc. case no. 95 of 2025) pending before the Learned Judicial Magistrate, 3rd Court, Barrackpore for over one year with the petitioner-wife's prayer for interim monetary relief undecided — petitioner alleged deprivation of her right under Article 21 of the Constitution due to inordinate delay, trial court having fixed the next date as 6th October, 2026 — prayer held innocuous, service of copy on the opposite party dispensed with — court disposed of CRR 2568 of 2026 directing disposal of the interim monetary relief prayer on 6.10.2026 or within a month thereafter and an endeavour for expeditious disposal of the proceeding preferably within six months thereafter.

16.7.2026 10 sb

CRR 2568 of 2026 Smt. Mithu Lahiri Vs. Sri Rana Lahiri

Mr. Supriyo Das …for the Petitioner

The petitioner herein is aggrieved with the inordinate delay caused in disposal of the proceeding being Misc. case no. 95 of 2025 initiated under the Protection of Women from Domestic Violence Act, 2005 (in short, the Act of 2005), presently pending before the Learned Judicial Magistrate, 3^rd Court, Barrackpore and thereby depriving the petitioner of her right under Article 21 of the Constitution of India.

Being aggrieved by the inordinate delay in disposal of the said proceeding, learned counsel for the petitioner submits that the petitioner/ wife preferred an application filed under Section 12 of the Act of 2005 on 9.4.2024 along with a prayer for interim monetary relief. The said application is pending for disposal for about more than one year and the Trial court has not taken any endeavour to dispose of the said prayer for interim monetary relief nor has made any attempt to expedite the hearing of the aforesaid proceeding. He further submits that the Trial court has fixed the next date i.e. on 6^th October, 2026.

Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is

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innocuous and if it is allowed in terms of the prayer made therein, the opposite party will have no cause to prejudice and as such, the service of copy of application upon the opposite party is hereby dispensed with.

Having considered the submissions made on behalf of the petitioner and that the petitioner’s prayer for interim monetary relief is pending for disposal for about more than one year, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice.

In view of above, the instant application being CRR 2568 of 2026 is hereby disposed of with a direction upon the court below to dispose of the petitioner’s prayer for interim monetary relief on the next date i.e. on 6^th October, 2026 or within a month thereafter. The Trail court will also make an endeavour for expeditious disposal of the proceeding preferably within a period of six months thereafter.

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.)