Extracted from the PDF above. The PDF is authoritative.
09.07.2026 Sl. No.34. D/L. Mithun. Ct.No.29.
CRR/1761 /2026
Tanima Ray Vs. Deborshi Ray
Mr. Subhayan Barik, Ms. Manishka Dhar …for the petitioner
Petitioner herein has prayed for a direction upon the Court below for expeditious disposal of the maintenance case being No.M-118 of 2015 under Section 125 of the Criminal Procedure Code, presently pending before learned Judicial Magistrate, 5th Court, Sealdah. Being aggrieved by the inordinate delay caused in disposal of the said maintenance application, learned Counsel for the petitioner submits that the petitioner filed the aforesaid M.Case No.118 of 2015 on 21st August, 2015. Learned Court below granted interim maintenance of Rs.5,000/- per month to the petitioner and Rs.5,000/- for her minor son from the date of filing of the said application, i.e. on 19th November, 2015. It is further alleged that the case is pending for disposal since then and the opposite party herein did not pay maintenance amount in terms of the said order dated 20th July, 2016. 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 in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioner and that the maintenance application filed by the petitioner is pending for about 11
2 years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of above, CRR 1761 of 2026 is hereby disposed of with a direction upon the Court below to make every possible endeavour to conclude the trial at the earliest and to make his best effort to conclude the entire proceeding being M. Case No.118 of 2015 preferably within a period of six months from the next date of hearing. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
( Dr. Ajoy Kumar Mukherjee, J. )