JOYEB CHANDRA DUTTA Vs. KABERI DUTTA ALOAS DAS

JUDGEMENT

(1.) In this revisional application under Article 227 of the Constitution of India the husband petitioner has prayed for an order directing the learned Additional District Judge, First Court, at Jalpaiguri to dispose of Matrimonial Suit No. 134 of 2007 as also the connected Misc. Case No. 20 of 2008 as expeditiously as possible.

(2.) Appearing on behalf of the petitioner it is submitted by Mr. Mina, that the instant matrimonial suit is pending for about three years and a half causing much hardship and unbearable mental agony to both spouses. According to him, such inordinate delay in disposal of the matrimonial suit under section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 (for short the said Act) instituted at the instance of the petitioner husband has violated the statutory provisions envisaged in 21B(2) of the said Act which provides that every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. Further, the connected Misc. Case under section 24 of the said Act filed by the wife respondent/opposite party praying for litigation expenses to the tune of Rs. 11,000/- has also been kept pending without adhering to the proviso to section 24 of the said Act which speaks about disposal of such proceeding within sixty days from the date of service of notice on the wife or the husband, as the case may be.

(3.) According to him, in view of such specific statutory provisions, this revisional application under Article 227 of the Constitution of India can be disposed of even in the absence of the respondent/opposite party since the specific order directing speedy disposal would not cause any prejudice to the respondent/ opposite party wife.