Extracted from the PDF above. The PDF is authoritative.
24.9.2026
2. BD
CRR 3812 of 2026
Smt. Pampa Paul
Vs. The State of West Bengal & Anr. Mr. Dhiman Banerjee Ms. Shreejita Sen …for the Petitioner
Leave to amend the name of the Trial Court is allowed. In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the interim maintenance case being M.Case No. 421 of 2022 presently pending before learned Judicial Magistrate, 2nd Court, Barasat, North 24 Parganas. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that the petitioner initiated said proceeding under section 125 Cr.P.C. seeking interim maintenance on 18.06.2022. The opposite party no. 2 appeared in the said proceeding on 12.12.2022 and since he was taking adjournments one after another, court below has fixed next date on 02.11.2026 for ex-parte hearing of the maintenance application. He further submits that nevertheless the interim maintenance prayer made by the petitioner with the main application on 18.06.2022 still remains undisposed of and such prolonged pendency has caused continuous financial hardship and serious prejudice
2 to the petitioner warranting appropriate direction from this court for expeditious and timely disposal of the proceeding in the interest of justice. Having heard learned counsel for the petitioner, I find that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having heard learned counsel petitioner and that the interim maintenance application is pending for disposal for more than four years, I find that 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 3812 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 02.11.2026 or within a period of thirty days thereafter. He is further directed to expedite the final hearing of the aforesaid maintenance proceeding and to make his best effort to conclude the same preferably within a period of three months from the next date of hearing without granting any unnecessary adjournments to either of the parties.
3 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.)