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2026 DAILYLAW 17892 (CAL)

SMITA SINGH v. TILAK KUMAR SINGH

CRR/1799/2026 · 2026-05-06

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.5.2026 11. BD CRR 1799 of 2026 Smita Singh Vs. Tilak Kumar Singh Mr. Farooque Ali Mr. Faizan Md. Zafar …for the Petitioner. Petitioner herein is aggrieved with the delay caused in disposal of the interim monetary relief application filed under section 23 of the Protection of Women from Domestic Violence Act, 2005. Learned counsel for the petitioner submits that the petitioner being the wife filed an application seeking interim maintenance on 8th October, 2024. But since then, the application is pending disposal and the petitioner being a hapless lady is under the threat of starvation. I am informed that 12.06.2026 is the next date fixed for hearing of the application. Therefore, petitioner has prayed for necessary direction upon the court below for expeditious disposal of the application. 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. 2 Considering the submission made on behalf of the petitioner and that the interim maintenance application is pending disposal for about one and a half year, I find that the prayer made by the petitioner is justified and is required to be allowed for the ends of justice. In such view of the matter, the instant application being CRR 1799 of 2026 is hereby disposed of with a direction upon the court below to dispose of the petitioner’s interim maintenance application on the next date i.e., on 12.06.2026 or within a period of four weeks thereafter. This order is passed invoking this court’s jurisdiction under section 529 of the BNS. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)