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Calcutta High Court · body

2020 DIGILAW 166 (CAL)

Usha Pal Nee Banik v. Prasenjit Pal

2020-02-07

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application seeking an expeditious disposal of a proceeding under Section 125 of the Code in case no. ACM 365 of 2014 presently pending before the learned Judicial Magistrate, 5th Court, Alipore, South 24 Paragans. 2. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner filed an application under Section 125 of the Code claiming maintenance allowance for herself from the private opposite party no.1/husband in 2012. In 2014, she filed an application praying for interim maintenance. Till date, even the application for interim maintenance has not been decided. It is germane to mention that in the meantime, the private opposite no.1 had initiated a proceeding claiming that the petitioner had committed forgery. Learned Magistrate rejected such claim and the same was subsequently affirmed by the learned appellate court. In the interest of justice, the impugned proceeding ought to be expedited and the application for interim maintenance decided at the earliest. 3. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition. 4. No prejudice will be caused to anyone if a direction is passed to expedite the proceeding. 5. It appears that the application under Section 125 of the Code has remained pending for an unduly long period. The application for interim maintenance has also not been decided yet. 6. In view of the above and in the interest of justice, I request the learned trial court to conclude the proceeding under Section 125 of the Code as early as possible without granting any unnecessary adjournments to any of the parties and decide the question of interim maintenance at the earliest, preferably within a period of three months from the next date of hearing. 7. With these observations, the revisional application is disposed of. 8. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.