Disposed¶13

Subhra Rani Halder Nee Sardar v. Subrata Sardar and Another

Calcutta HC16 Jul 2026CRR/2664/2026

Case brief

AI extract

What is this about?

CRR 2664 of 2026; Smt. Subhra Rani Halder nee Sardar v. Shri Subrata Sardar & Anr.; expeditious disposal; interim maintenance; Section 144 BNSS; M. Case no. 365 of 2025; Judicial Magistrate, Baruipur; South 24 Parganas; direction to court below; disposed of; Dr. Ajoy Kumar Mukherjee, J.; decision date 16.7.2026; advocates Arnab Mukherjee, Aniket Bhowmick, Madhurima Mukherjee for petitioner.

What did the court decide?

Direction upon the court below to dispose of the petitioner's interim maintenance application on 20.8.2026 or within 30 days thereafter, and to make every endeavour to conclude the proceeding under Section 144 of the BNSS preferably within six months; service of copy of the application on the opposite parties dispensed with; urgent photostat certified copy to be given on compliance with formalities. ¶13

Subhra Rani Halder Nee Sardar Vs Subrata Sardar and… — Maintenance and Alimony | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the court below should be directed to dispose of the petitioner's pending interim maintenance application expeditiously. +1 more

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Court's answer

The interim maintenance application has been pending for about one year; the petitioner's prayer is justified and required to be allowed to secure the ends of justice.

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Ratio / Principle

The court below is directed to dispose of the petitioner's interim maintenance application on the next date i.e. 20.8.2026 or within a period of 30 days thereafter.

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Key takeaways

The court below is to make every endeavour for expeditious disposal of the proceeding under Section 144 of the BNSS, making its best effort to conclude the same preferably within six months thereafter.ratio¶13
Service of copy of the application upon the opposite parties is dispensed with, as the prayer is innocuous and the opposite parties would have no cause to prejudice.ratio¶11

Detailed headnote1 paragraphs

Criminal Revision (CRR 2664 of 2026) — wife-petitioner sought direction for expeditious disposal of M. Case no. 365 of 2025 under Section 144 of the BNSS and of her interim maintenance application pending since 30th July, 2025 before the Learned Judicial Magistrate, Baruipur, South 24 Parganas — interim maintenance application pending for about one year — prayer held justified and allowed to secure the ends of justice — court below directed to dispose of the interim maintenance application on 20.8.2026 or within 30 days thereafter and to conclude the Section 144 BNSS proceeding preferably within six months — service of copy on opposite parties dispensed with — application disposed of (Dr. Ajoy Kumar Mukherjee, J.; 16.7.2026).

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16.7.2026 12 sb

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CRR 2664 of 2026

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Smt. Subhra Rani Halder nee Sardar Vs.

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Shri Subrata Sardar & Anr.

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Mr. Arnab Mukherjee Mr. Aniket Bhowmick

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Ms. Madhurima Mukherjee …for the Petitioner

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In this application, the petitioner herein has prayed for a direction upon the court below for expeditious disposal of the M. Case no. 365 of 2025 along with a further prayer for early disposal of application seeking interim maintenance which are pending before the Learned Judicial Magistrate, Baruipur, South 24 Parganas.

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Being aggrieved by the inordinate delay in disposal of the said proceeding, learned counsel for the petitioner submits that the petitioner filed the said application under Section 144 of the BNSS along with interim maintenance prayer on 30^th July, 2025. The opposite party no. 2/husband had appeared on 15.9.2025 and sought for an adjournment. Thereafter, on 26.9.2025, the petitioner/wife filed an affidavit in support of the disclosure of assets and liabilities and on 8^th January, 2026, the opposite party/husband also filed written objection to the main application but since 30^th July, 2025, the petitioner’s prayer for interim maintenance application is pending for disposal. Therefore, he prays for a direction upon the court below for expeditious disposal of the petitioner’s prayer for

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interim maintenance application as well as the proceeding initiated under Section 144 of the BNSS.

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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.

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

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In view of above, the instant application being CRR 2664 of 2026 is hereby disposed of with a direction upon the court below to dispose of the petitioner’s prayer for interim maintenance application on the next date i.e. on 20.8.2026 or within a period of 30 days thereafter. The court below will also make every endeavour for expeditious disposal of the proceeding under Section 144 of the BNSS and will make his best effort to conclude the same preferably within a period of six months thereafter.

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

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(Dr. Ajoy Kumar Mukherjee, J.)

Subhra Rani Halder Nee Sardar v. Subrata Sardar and Another

Case brief

What is this about?

What did the court decide?

Subhra Rani Halder Nee Sardar v. Subrata Sardar and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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