Biplab Barua Vs Madhabi Barua — Calcutta HC (2026) — LawSathi Research

Biplab Barua Vs Madhabi Barua — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application CRR 594 of 2026 disposed of with a direction upon the court below (Learned Judicial Magistrate, 8th Court, Alipore) to make every endeavour for expeditious disposal of C. case no. 1008 of 2015 and to conclude the entire proceeding preferably within three months from the next date of hearing; urgent photostat certified copy of the order to be given to the parties on application upon compliance with requisite formalities.

Issue for consideration

Whether a direction should issue to the court below for expeditious disposal of C. case no. 1008 of 2015 pending before the Learned Judicial Magistrate, 8th Court, Alipore, the trial having remained stalled since 30th September, 2023.

Court's answer

The petitioner's prayer was held justified and required to be allowed to secure the ends of justice, the trial having remained stalled since 30th September, 2023, the date fixed for recording his evidence.

Ratio / Principle

A direction was issued upon the court below to conclude the entire proceeding preferably within a period of three months from the next date of hearing.

Key takeaways

Allowing the prayer would cause the opposite party no prejudice; accordingly, service of copy of the application upon the opposite party was dispensed with.ratio¶7

Detailed headnote1 paragraphs

Single-judge order dated 20.7.2026 by Dr. Ajoy Kumar Mukherjee, J. in CRR 594 of 2026: Shri Biplal Barua (petitioner/husband) sought a direction for expeditious disposal of C. case no. 1008 of 2015 pending before the Learned Judicial Magistrate, 8th Court, Alipore, alleging intentional delay by the opposite party/wife and invoking his fundamental right of speedy justice guaranteed under the Constitution. Noting that the trial had been stalled since 30th September, 2023 — the date fixed for recording evidence on behalf of the petitioner/husband — the court found the prayer justified, dispensed with service of the application on the opposite party (allowance causing her no prejudice), disposed of the CRR, and directed the court below to make every endeavour to conclude the entire proceeding preferably within three months from the next date of hearing.

20.7.2026 611 sb

CRR 594 of 2026

Shri Biplal Barua Vs.

Smt. Madhabi Barua

Mr. Indranil Halder …for the Petitioner

The petitioner herein has preferred this application seeking for a direction upon the court below for expeditious disposal of C. case no. 1008 of 2015, presently pending before the Learned Judicial Magistrate, 8^th Court, Alipore. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that the opposite party/wife is intentionally delaying the whole process and thereby violating the petitioner’s fundamental right of speedy justice guaranteed under the Constitution. Therefore, he prayed for a direction upon the court below for expeditious disposal of the said proceeding.

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 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 fact that the trial of the instant proceeding has got stalled since 30^th September, 2023, the date which was fixed for recording evidence on behalf of the petitioner herein/husband, I find that the

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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 594 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the proceeding being C. case no. 1008 of 2015, presently pending before the Learned Judicial Magistrate, 8^th Court, Alipore and to make his best effort to conclude the entire proceeding preferably within a period of three months from the next date of hearing.

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

(Dr. Ajoy Kumar Mukherjee, J.)