Soma Basu (Datta) Vs Swastik Datta and Others — Domestic Violence | Calcutta HC (2026)

Soma Basu (Datta) Vs Swastik Datta and Others — Domestic Violence | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Direction upon the Court below or Court-in-charge of the Court below to make every endeavour for expeditious disposal of the main application as well as the interim prayer made by the petitioner, and to dispose of the petitioner's Section 23 application on the next date, i.e. 31 October 2026, or within a period of 30 days thereafter; service of copy of the application upon the opposite party dispensed with; parties to act on a server copy of the order.

Issue for consideration

Whether direction should be given to the Court below for expeditious disposal of Complaint Case No.A.C.-1900 of 2023 (Section 12, Protection of Women from Domestic Violence Act, 2005) and, in particular, of the petitioner's application under Section 23 for interim monetary relief, pending undisposed for the last 3 years.

Court's answer

Considering that the petitioner's application under Section 23 of the Act of 2005 has remained undisposed of and pending for the last 3 years, the prayer for an appropriate direction upon the Court below to dispose of the said application at the earliest is justified and required to be allowed to secure the ends of justice.

Ratio / Principle

As the prayer made by the petitioner is innocuous and, if allowed, the opposite party will have no cause to prejudice, service of copy of the application upon the opposite party is dispensed with.

Key takeaways

The instant application CRR 2917 of 2026 is disposed of with a direction upon the Court below or Court-in-charge of the Court below to make every endeavour for expeditious disposal of the main application as well as the interim prayer made by the petitioner, and to dispose of the petitioner's Section 23 application on the next date, i.e. 31 October 2026, or within a period of 30 days thereafter.ratio¶¶12

Detailed headnote1 paragraphs

CRR 2917 of 2026 (Hon’ble High Court, Calcutta, Dr. Ajoy Kumar Mukherjee, J., decided 23.07.2026): The petitioner sought expeditious disposal of Complaint Case No.A.C.-1900 of 2023, initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, together with her application under Section 23 for interim monetary relief, filed on 11 July 2023 before learned Judicial Magistrate, 10th Court, Alipore, which had remained undisposed for the last 3 years, with hearing fixed on 31 October 2026. Finding the prayer innocuous and prejudicial to none, the Court dispensed with service of the application upon the opposite party and disposed of the CRR with a direction upon the Court below or Court-in-charge to make every endeavour for expeditious disposal of the main application as well as the interim prayer, and to dispose of the Section 23 application on the next date (31 October 2026) or within 30 days thereafter.

23.07.2026 Sl. No.07. D/L. Mithun. Ct.No.29.

CRR/2917/2026

Soma Basu (Datta) Vs. Swastik Datta & Ors.

Mr.Shibaji Kumar Das, Mr. A. Ahmed, Mr. Dipendu Sarkar

…for the petitioner

In this application, the petitioner has prayed for expeditious disposal of Complaint Case No.A.C.-1900 of 2023 being a proceeding initiated under Section 12 along with application under Section 23 seeking interim monetary relief under the provision of Protection of Women from Domestic Violence Act, 2005 presently pending before learned Judicial Magistrate, 10^th Court, Alipore.

Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner filed the said proceeding under Section 12 of the Act of 2005 along with an application under Section 23 of the said Act on 11^th July, 2023. Since then 3 years have already been passed but her application under Section 23 of the Act of 2005 has not yet been disposed of and the next date is fixed on 31^st October, 2026 for hearing of the said petition.

Having heard learned Counsel for the petitioner who appeared through virtual mode, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the

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prayer made in the application, the opposite party will have no cause to prejudice. Therefore, service of copy of application upon the opposite party is dispensed with.

Having heard learned Counsel for the petitioner and also considering the fact that the petitioner’s application under Section 23 of the Act of 2005 has not yet been disposed of and is pending for disposal for last 3 years, I find that the prayer for appropriate direction upon the Court below to dispose of the said application at the earliest is justified and required to be allowed to secure the ends of the justice.

In view of above, the instant application being CRR 2917 of 2026 is hereby disposed of with a direction upon the Court below or Court-in-charge of the Court below to make every endeavour for expeditious disposal of the main application as well as the interim prayer made by the petitioner and to dispose of the petitioner’s application filed under Section 23 of the Act of 2005 on the next date, i.e. on 31^st October, 2026 or within a period of 30 days 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. )