Extracted from the PDF above. The PDF is authoritative.
10.9.2026
03. BD
CRR 3832 of 2026
Nirupama De Manna
Vs.
Sourav De
Ms. Minal Palana …for the Petitioner
In this application the petitioner is aggrieved with the inordinate delay caused in disposal of the proceeding being M-365 of 2024 presently pending before learned Judicial Magistrate, Baruipur, South 24 Parganas. Learned counsel for the petitioner submits that the petitioner filed the above-mentioned maintenance proceeding under section 144 of the BNSS along with an application seeking interim maintenance against her husband on 31st July, 2024. Her grievance is that despite statutory mandate under BNSS requiring interim maintenance application to be resolved within sixty days and despite the fact that both parties have filed affidavit of assests and liabilities, the Trial Court has not yet disposed of the interim maintenance application and thereby is delaying the proceeding by granting multiple long adjournments one after another and he has fixed the next date for examination of PW 1 on 10th February, 2027. She prays for necessary direction for expeditious disposal of her interim maintenance application. Having heard learned counsel for the petitioner, I find that the prayer made by the petitioner is innocuous
2 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. Having considered the submission made on behalf of the petitioner and keeping in mind the statutory direction, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 3832 of 2026 is hereby disposed of with a direction upon the court below to fix a date in the month of November, 2026 for hearing the interim maintenance application filed by the petitioner on 31st July, 2024 and to dispose of the said application preferably within a period of thirty days without granting any unnecessary adjournments to either of the parties from the preponed date. 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.)