Krishna Ghosh Vs Mandira Ghosh and Anr. — Domestic Violence | Calcutta HC (2026)

Krishna Ghosh Vs Mandira Ghosh and Anr. — Domestic Violence | Calcutta HC (2026)

What the court decided

AI extract

Outcome

CRR 4517 of 2025 allowed; learned Court below directed to make every endeavour for expeditious disposal of Criminal Misc. Case No.561 of 2021 and to conclude the entire proceeding preferably within three months from the next date of hearing; parties to act on a server copy of the order from the official website of the Hon'ble High Court, Calcutta.

Issue for consideration

Whether the petitioner's prayer for a direction to the Court below to expedite the hearing and expeditious disposal of Misc. Criminal Case No.561 of 2021 (Protection of Women from Domestic Violence Act proceeding) should be allowed.

Court's answer

Considering the submissions of both parties, that the proceeding has practically got stalled since 09.12.2025, and that Section 12(5) of the Act of 2005 provides a specific time limit for early disposal of such proceedings, the Court found the petitioner's prayer justified and required to be allowed to secure the ends of justice.

Ratio / Principle

The learned Court below was directed to make every endeavour for expeditious disposal of Criminal Misc. Case No.561 of 2021 and to make its best effort to conclude the entire proceeding preferably within three months from the next date of hearing.

Detailed headnote1 paragraphs

High Court, Calcutta (Dr. Ajoy Kumar Mukherjee, J.) — CRR 4517 of 2025 (decided 01.07.2026): Allowed a petition by Krishna Ghosh seeking expeditious disposal of Misc. Criminal Case No.561 of 2021 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (relief sought under Sections 17/18/20/22/23), pending before the learned Judicial Magistrate, 4th Court, Krishnagar, Nadia. Noting that the proceeding, started on 04.10.2021, had practically got stalled since 09.12.2025 (pending examination of OPW no.2), and that Section 12(5) of the Act of 2005 prescribes a specific time limit for early disposal, the Court held the prayer justified to secure the ends of justice and directed the Court below to conclude the entire proceeding preferably within three months from the next date of hearing. Counsel for opposite party no.1 raised no objection.

01.07.2026 Sl. No.26. D/L. Mithun. Ct.No.29.

CRR/4517/2025

Krishna Ghosh Vs. Mandira Ghosh & Anr.

Mr. Prabir Majumdar, Mr. Debraj Shil

…for the petitioner

Mr. Santanu Talukdar, Mr. Priyankar Ganguly

…for opposite party no.1

In this application the petitioner has prayed for expeditious disposal of Misc. Criminal Case No.561 of 2021 under Section 12 of the Protection of Women from Domestic Violence Act seeking relief under Sections 17/18/20/22/23 of the Protection of Women from Domestic Violence Act, 2005 which is presently pending before learned Judicial Magistrate, 4^th Court, Krishnagar, Nadia.

Being aggrieved by the inordinate delay in disposal of the said proceeding, learned Counsel for the petitioner submits that the Domestic Violence Act proceeding was started in the year 04.10.2021. The interim order for paying monetary relief was granted on 27.12.2021. Written statement was filed by the petitioner on 25.02.2022 and the respondent no.1 was examined as P.W.1 and was discharged on 25.07.2025. The Misc. Case No.85 of 2022 arising out of the Misc. Criminal Case No.561 of 2021 was disposed of on 2^nd August, 2025. Thereafter, 09.12.2025 was fixed for evidence of OPW. Since then the matter is pending for examination of OPW no.2. Therefore, the petitioner has prayed for a direction upon the Court below to expedite the hearing of the said case.

2

Learned Counsel appearing on behalf of the opposite party submits that he does not have any objection if the prayer made on behalf of the petitioner is allowed.

Having considered submission made on behalf of both the parties and that the proceeding has practically got stalled since 09.12.2025 and that under Section 12(5) of the Act of 2005 a specific time limit has been provided to take endeavor for early disposal of such proceeding, 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, CRR 4517 of 2025 is allowed.

Learned Court below is directed to make every endeavour for expeditious disposal of Criminal Misc. Case No.561 of 2021 and to make his best effort to conclude the entire proceeding preferably within a period of three months from the next date of hearing.

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. )