Extracted from the PDF above. The PDF is authoritative.
23.07.2026 Sl. No.05. D/L. Mithun. Ct.No.29. CRR/2115/2026
Sneha Roy Vs. Sandipan Mukherjee
Mr. Avik Ghatak, Mr. Abhinav Rakshiht …for the petitioner Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Kushal Mukherjee, Mr. Diptangshu Basu …for the opposite party
In this application, the petitioner has prayed for a direction upon the Court below for expeditious disposal of A.C. Case No.1492 of 2022 arising out of T.R. No. Case No.198 of 2022 presently pending before leaned 9th Judicial Magistrate, Alipore being an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the said application under Section 12 of the Act of 2005 was filed in the month of June, 2022 and, thereafter, on the basis of the prayer made on behalf of petitioner/wife, ad interim monetary relief of Rs.1,25,000/- was awarded in favour of petitioner by way of an ex parte order. Challenging the said ex parte interim monetary relief order, petitioner preferred a revisional application before this Court which is still pending for disposal being No.39/2024. He
2 further submits that the proceeding has got stalled on and from
29.07.2022.
Learned Counsel appearing on behalf of the opposite party submits that the main proceeding has been stalled as the aforesaid revisional application before this High Court is pending and the matter in connection with the determination of interim monetary relief prayer is still sub-judice. Therefore, no further direction should be passed till disposal of the CRR 39 of 2024. Having heard learned Counsel for the petitioner and the opposite party, I find that the order which is the subject matter of challenge in CRR 39 of 2024 pertains to an interim maintenance
order. Therefore, there is no bar for the Court below to proceed with the main application being A.C. Case No.1492 of 2022 arising out of T.R. No.198 of 2022. Furthermore, the proceeding of the aforesaid main application has practically got stalled since 29.07.2022 and in such circumstances 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, the instant application being CRR 2115 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being A.C. Case No.1492 of 2022 arising out of T.R. No.198 of 2022 and to make his best endeavour to conclude the said proceeding preferably within a period of six months from the next date of hearing.
3 The pendency of the revisional application before this High Court in connection with the interim monetary relief order shall not prevent the Trial Court to proceed with the trial unless any stay is granted in the said revisional application. 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. )