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2020 DIGILAW 430 (CAL)

Aparna Das v. Subrata Das

2020-03-13

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application seeking an expeditious disposal of a proceeding in an execution case for the recovery of arrears of maintenance allowance under Section 125 of the Code that have fallen due. 2. Affidavit of service filed on behalf of the petitioner is taken on record. 3. Despite service, no one appears on behalf of the husband/opposite party. 4. Learned counsel appearing on behalf of the petitioner submits as follows. The husband /opposite party did not pay a substantial portion of the maintenance allowance awarded and that is why a sum of Rs. 33,000/- has fallen due. The petitioner/ wife has filed an application for execution of arrears of maintenance allowance as far back as in 2018. Till date, the proceeding has not been disposed of. The learned Executing Court has granted several adjournments to the husband /opposite party. The matter has remained pending for no fault on the party of the present petitioner. 5. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition. 6. It appears that the proceeding has remained pending for an unduly long period of time. Considering the facts that the proceeding has been initiated for executing arrears of maintenance allowance that have fallen due under Section 125 of the Code, further delay in deciding the execution case would expose the petitioner/ wife to destitution. One has to remember that a prime object of having Chapter IX in the Code is to prevent destitution and vagrancy of the neglected wife. 7. In view of the above and in the interest of justice, the learned trial court is requested to conclude the execution proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of four months from the next date of hearing. 8. With these observations, the revisional application is disposed of. 9. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.