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Item No.280
06.12.2023
Court. No. 19
GB
C.O. 3750 of 2023
Meghdeep Biswas
Vs.
Smt. Dishari Biswas (nee Bramha)
Mr. Prasad Bhattacharyya
… for the Petitioner.
The petitioner is the husband who has prayed for
expeditious disposal of an application for amendment of the
petition, filed in connection with Matrimonial Suit No.138 of
2021, which is pending before the learned Additional District
Judge, Fast Track 1st Court at Sealdah.
The petitioner contends that no application seeking
maintenance pendente lite, has been filed before the learned
court below.
Considering the submissions, the Court is of the view
that the prayer of the petitioner is innocuous. Neither party
stands to lose if a proceeding is disposed of expeditiously. In
fact, such expeditious disposal shall enure to the benefit of the
parties and hence, there is no requirement for service of prior
notice upon the opposite party.
The revisional application is disposed of with a
direction upon the learned court below to dispose of the
application within a period of two months from the next date
fixed. Adequate opportunity shall be granted to the parties to
contest the same. After disposal of the application, the suit
should be expedited and disposed of preferably within a
period of one year, in accordance with law as it is the specific
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contention of the petitioner that there should not be any
impediment towards disposal of the suit on an urgent basis
because the wife has not claimed any maintenance from the
husband and no other application is pending.
This court has neither expressed any opinion on the
merits of the suit nor on the merits of the applications. The
learned court shall proceed independently and in accordance
with law.
A copy of the revisional application, along with a server
copy of this order be served upon the opposite party and/or
the learned advocate contesting the matter on behalf of the
opposite party in the learned court below.
The revisional application is accordingly disposed of.
There shall be no order as to costs.
Parties are to act on the server copy of this order.
(Shampa Sarkar, J.)
