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2026 DAILYLAW 15072 (CAL)

JYOTIRMOY BAIRAGI v. MOUMITA BAIRAGI

CO/4369/2025 · 2026-01-02

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.01.2026 Ct. No. 06 Item No.279 Cp C.O. No. 4369 of 2025 Jyotirmoy Bairagi Vs. Moumita Bairagi Mr. Partha Sarathi Das …..for the petitioner. The petitioner prays for expeditious disposal of Matrimonial Suit No. 2849 of 2024, pending before the learned Additional District Judge, 3rd Court at Barrackpore. It is submitted that the wife has not filed any application for interim maintenance as she is enjoying an order of maintenance in the proceeding under Section 125 of the Code of Civil Procedure. 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. Hence, there is no requirement for service of prior notice upon the opposite party. The revisional application is disposed of with a request to the learned court to dispose of the said suit preferably within one year from the next date fixed. In the event, maintenance pendente lite is awarded by the court in future, upon the wife praying for the same, this order will be 2 operative if such payment is made. Adequate opportunity shall be granted to the parties to contest the proceeding. This court has not expressed any opinion on the merits of the suit. 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 trial court, within a week. 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.)