Calcutta High Court (Appellete Side)
(Subham Roy Chowdhury vs Sreejoyee Chakraborty) on 10 October, 2017
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 2017 .2 CRR 3384 of 2017 (Subham Roy Chowdhury -vs- Sreejoyee Chakraborty) Mr. Ajoy Roy Chowdhury....... for the petitioner Mr. Prasun Kumar Dutta Mr. Anupam Hazra...............for the State Learned Counsel for the petitioner is directed to serve a copy of this application upon the opposite party in course of this day.
The petitioner by filing this application has prayed for direction upon the learned Additional District Judge, 1st Court, Alipore, South 24 Parganas to set aside the impugned proceeding as per order no. 22 dated 9th August, 2017 and to dispose of the perjury application under Section 340 of the Code of Criminal Procedure being Misc. Case no. 26 of 2016 by sending the complaint of the perjury petition under Section 340 of the Code of Criminal Procedure read with sub- section (1) of Section 195(b) to the learned Magistrate, 1st class having jurisdiction of the Code of Criminal Procedure and by following strictly the order passed in C.O. No. 2479 of 2017 dated 1st 2 August, 2017 of this Court in accordance with law declared by the Hon'ble Supreme Court in the case of Pritish -vs- State of Maharastra & Ors. reported in AIR 2002 SC 236 on the ground that opportunity of hearing to the accused is not required to be given before filing complaint to the learned Magistrate.
The petitioner's case is that he filed a suit for declaration seeking nullity of marriage under Section 25(3) of the Special Marriage Act, 1954 and for dissolution of marriage by decree of annulment, being MAT 42 of 2016 in the Court of the learned District Judge, Alipore.
It would appear that the matrimonial suit has been transferred to the Court of the learned Additional District Judge, 1st Court, Alipore for trial and disposal.
The contention made in the plaint by the plaintiff is that the opposite party is suffering from chronic ITP decease which is not yet known to the medical science and that suppressing this fact the opposite party/lady got married with the petitioner and thereby has practiced fraud. This is the ground taken in the matrimonial suit and such issue is required to be decided by the learned Trial Court in 3 accordance with the evidence to be adduced by the parties to the suit.
The petitioner alleged that the opposite party has filed an application for alimony pendente lite under Sections 36 and 37 of the Special Marriage Act, 1954 praying for alimony @ one-third of the total income of the petitioner per month, being Misc. Case no. 21 of 2016, as she has no income to maintain herself.
The petitioner filed a Misc. Case no. 26 of 2016 arising out of Misc. Case no. 21 of 2016 contending that a fake and fraud marriage was solemnized on 22nd February, 2016 with the opposite party by hiding and concealing the fact that the opposite party is suffering from serious type of incurable and chronic blood immune system disorder decease since last 9 years and for that reason the petitioner has filed an application under Section 340 of the Code of Criminal Procedure.
My attention is invited to an order dated 1st August, 2017 passed in CRR 2479 of 2017, whereby the said revisional application was disposed of by requesting the learned Additional District Judge, 1st Court, Alipore to dispose of the Misc. Case no. 26 of 2016 as 4 expeditiously as the business of that Court would permit without affording any adjournment to the parties.
Learned Counsel for the petitioner alleged that as many as two successive adjournments have been granted to the opposite party without disposing of the Misc. Case no. 26 of 2016 in letter and spirit of the order of the learned Single Judge passed in C.O. No. 2479 of 2017. Accordingly, this application appears to be second round of application for seeking direction for expeditious disposal of the application under Section 340 of the Code of Criminal Procedure. The petitioner has further prayed for forwarding the plaint to the learned Magistrate for taking cognizance in this matter. In my view, the prayer as made by the petitioner is for expeditious hearing of the Misc. Case no. 26 of 2016 to dispose of the application under Section 340 of the Code of Criminal Procedure by the learned Additional District Judge, 1st Court, Alipore. Such direction was given in earlier civil revision. But the liberty was also given to the learned Court to dispose of the application expeditiously as per business of the Court. In my view, the business of the Court has not permitted to dispose of the application under Section 340 of the Code of Criminal Procedure and two successive adjournments have been granted. 5
Therefore, the application, being CRR 3384 of 2017, may be disposed of with simple direction to the learned Trial Court to dispose of the application under Section 340 of the Code of Criminal Procedure, being Misc. Case no. 26 of 2016 as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order.
The revisional application is thus disposed of, however, without any order as to costs.
(Shivakant Prasad,J)