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2026 DAILYLAW 37772 (CAL)

PAROMITA SARKAR v. BINAYAK AICH

CRR/3193/2026 · 2026-09-03

Ajoy Kumar Mukherjee

body2026

Judgment text

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03.09.2026 Sl. No. DL 19 Court No. 29 Asraf, A.R.(Ct.) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Case No. CRR3193 of 2026 In Re : An application under Section 528of the Bharatiya Nagarik Suraksha Sanhita, 2023. -AND- In the matter of : SMT. PAROMITA SARKAR ……Petitioner For the Petitioner : Mr. Ivan Roy Mr. Debangshu Bandhu Mr. Supran Dey …Advocates 1. In this application, the petitioner is aggrieved by non- payment of the arrear amount of maintenance to the tune of Rs.3,30,000/- in connection with Misc. Execution Case No.20 of 2025 arising out of an order dated 2nd January, 2025 passed in AC Case No.2783 of 2024 by learned 9th Judicial Magistrate at Alipore. 2. Learned counsel for the petitioner submits that the petitioner/wife had initiated the said execution proceeding in the year 2025 for realization of the said arrear amount of maintenance but till date the execution case has not progressed substantially nor any payment has been made as prayed for in the execution case. Therefore, he prayed for appropriate direction upon the executing Court for early disposal of the execution proceeding, since the petitioner being a hapless lady is suffering a lot due to non-payment of the arrear maintenance amount. Page 2 3. Since the prayer made by the petitioner is innocuous and, if allowed, will not cause any prejudice to the opposite party, the service of copy of the instant revisional application upon the opposite party stands dispensed with hereby. 4. Having heard the submission made on behalf of the petitioner and considering that the execution case is pending for a considerable period of time, the instant application being CRR 3193 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the execution case being Misc. Execution Case No.20 of 2025 presently pending before the Court of learned 9th Judicial Magistrate at Alipore, South 24 Parganas and to make his/her best endeavour to conclude the entire proceeding, preferably within a period of three months from the next date of hearing. 5. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 6. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Dr. Ajoy Kumar Mukherjee, J. )