Debasish Pal vs Chaitali Paul on 12 July, 2017

IN THE HIGH COURT AT CALCUTTA
12-07-2017

Civil Revisional Jurisdiction
Subrata
. C.O.No.1507 of 2016
Debasish Pal

-vs-

Chaitali Paul

None …for the petitioner

Though none appears for the petitioner, taking note
of short span involved in the case and on perusal of the
materials on record which are found sufficient, the
application is taken up for consideration and disposal on
merit.

The application under Article 227 of the Constitution
has been filed with an innocuous prayer for seeking
direction of this court so that the trial of the matrimonial
suit of the year 2013 may be expedited by learned trial
court.

It appears from record that as on March 3, 2016 the
stage of the suit was for cross-examination of the witness
no.1 as adduced on behalf of the petitioner-husband at
whose instance the matrimonial suit for divorce was filed.
From the copies of the order sheets this court does not find
any grievance of the opposite party-wife so far as receiving
any maintenance pendente lite, if any, granted by learned
trial court. On the contrary, the orders dated February 22,
2015, April 21, 2015, July 2, 2015, September 3, 2015,
January 7, 2016 and even March 3, 2016 reveal that cross-
examination of PW1, though was fixed as last chance, could
not be completed by learned trial court, meaning thereby
the stage of the suit remained static also on March 3, 2016.

However, this court hopes and trusts that by this
time the matrimonial suit has been advanced further. If it is
not, learned trial court is directed to conclude the trial of the
suit within a period of one year from the date of
communication of this order, without granting unnecessary
adjournment to either of the parties. This direction shall be
deemed to be peremptory.

READ  Sidhartha Dhar & Ors vs Unknown on 13 June, 2017

With the above, CO No.1507 of 2016 stands disposed
of on merit.

No order as to costs.

Since none appears, the department is directed to
communicate this order to learned trial court at once for
information and compliance.

Certified photostat copy of this order, if applied for,
shall be given to the parties.

[Mir Dara Sheko, J]

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