Disposed¶14

Erram Fatema v. State of West Bengal and Anr.

Calcutta HC14 Jul 2026CRR/2787/2026

Case brief

AI extract

What is this about?

CRR 2787 of 2026; Erram Fatema v. State of West Bengal & Anr.; Section 125 CrPC maintenance; delay in execution proceeding; Misc. Execution Case No. 89/2025; Family Court, Calcutta; direction for expeditious disposal; conclusion preferably within three months from next date of hearing; arrear Rs.7,36,290/-; Rs.80,000/- paid; Dr. Ajoy Kumar Mukherjee, J.; decision date 14.07.2026.

What did the court decide?

Direction upon the Court below (learned Additional Principal Judge-in-Charge, Family Court, Calcutta) to make every endeavour for expeditious disposal of Misc. Execution Case No. 89/2025 and to conclude the execution proceeding preferably within three months from the next date of hearing; service of copy of the application upon the opposite party dispensed with. ¶14

Erram Fatema Vs State of West Bengal and Anr. — Maintenance and Alimony | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's application in CRR 2787 of 2026 for expeditious disposal of the pending execution case (Misc. Execution Case No. 89/2025), arising out of the maintenance order under Section 125 of the Code of Criminal Procedure, should be allowed.

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Court's answer

The petitioner's prayer for expeditious disposal of the execution case pending since November 2025 is justified and required to be allowed to secure the ends of justice.

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Ratio / Principle

CRR 2787 of 2026 is disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the execution case being Misc. Execution Case No. 89/2025.

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Key takeaways

The Court below is directed to make its best effort to conclude the execution proceeding preferably within a period of three months from the next date of hearing.ratio¶14

Detailed headnote1 paragraphs

CRR 2787 of 2026 (Erram Fatema v. State of West Bengal & Anr.), decided 14.07.2026, per Dr. Ajoy Kumar Mukherjee, J.: The petitioner sought expeditious disposal of the execution proceeding being Misc. Execution Case No. 89/2025, arising out of the order dated 23.12.2024 in Misc. Case No. 16/2023 under Section 125 of the Code of Criminal Procedure, pending before the learned Additional Principal Judge-in-Charge, Family Court, Calcutta. The execution case, initiated on 21 November 2025 for recovery of arrears of Rs.7,36,290/- (of which only Rs.80,000/- had been paid), had remained pending. Holding the prayer innocuous and justified, the Court dispensed with service of the application upon the opposite party and disposed of the revision with a direction upon the Court below to make every endeavour for expeditious disposal and to conclude the execution proceeding preferably within three months from the next date of hearing.

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14.07.2026

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Serial no. 10 [Srimanta] Ct. No. - 29

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CRR 2787 of 2026

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ERRAM FATEMA -VS-

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STATE OF WEST BENGAL & ANR.

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Mr. Amit Ranjan Pati, Ms. Riya Ballav, Ms. Swastika Chowdhury, Advocates

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… … For the Petitioner.

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In this application, the petitioner has prayed for expeditious disposal of impugned proceeding being Misc. Case 89/2025 arising out of order dated 23.12.2024 passed in connection with Misc. Case No. 16/2023 under Section 125 of the Code of Criminal Procedure presently pending before learned Additional Principal Judge-in-Charge, Family Court, Calcutta.

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Being aggrieved by the inordinate delay caused in disposal of the said execution case, learned Counsel for the petitioner submits that the execution case was initiated on 21^st November, 2025 and it is still pending for disposal. In the application for execution, the petitioner has sought for payment of arrear amount of Rs.7,36,290/-, out of which the opposite party herein has paid only Rs.80,000/- and the matter is pending since long. Therefore, the petitioner has prayed for appropriate direction upon the Court below.

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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

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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.

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Having heard learned Counsel for the petitioner that the execution case is pending since November, 2025, 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/2787/2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the execution case being Misc. Execution Case No. 89/2025 and to make his best effort to conclude the said execution proceeding preferably within a period of three months from the next date of hearing.

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(Dr. Ajoy Kumar Mukherjee, J.)

Erram Fatema v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Erram Fatema v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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Procedural history

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