The practical difficulties faced by the lower court and the petitioner's lack of diligence can justify delay in the disposal of a case despite directions for expeditious disposal.

JUDGMENT

1. The petitioner Chitra adhikari Shroff being aggrieved by the inordinate delay of her application under Section 36 of the Special Marriage act, 1954 filed in Matrimonial Suit No. 24 of 2014 for dissolution of marriage filed by the opposite party and pending before the additional District Judge, 14th Court, alipore, South 24 Parganas, has preferred this application under Section 227 of the Constitution of India praying that necessary direction may be given to learned trial court for disposal of her application under Section 36 of the Special Marriage act, 1954 and registered as Misc. Case No. 19 of 2014.

2. Perused the record and materials therein. From the copy of orders passed by the Hon'ble High Court in C.O. No. 1849 of 2016 on 20.05.2016, in C.O. No. 799 of 2018 on 20.07.2018, on 08.02.2019 in C.O. No. 2659 of 2019 on 04.11.2019 in C.O. No. 286 of 2021 on 12.02.2021 and in C.O. No. 529 of 2021 on 05.03.2021, it is seen all those applications under article 227 of the Constitution of India except C.O. No. 799 of 2018 and C.O. No. 286 of 2021 were filed by the wife petitioner praying for expeditious disposal of her Misc. Case under Section 36 of the Special Marriage act.

3. The Hon'ble Coordinate bench of the High Court vide order dated 20.05.2016 directed additional District Judge, 5th Court, alipore to dispose of the application under Section 36 of the Special Marriage act preferably within a period of four months from 21st May, 2016 without granting any adjournment to either of the parties.

4. another Hon'ble Coordinate bench of the High Court once again while disposing the C.o. No. 799 of 2018 filed by the opposite party/husband on 20.07.2018 directed additional District Judge, 14th Court, alipore to dispose of the Misc. Case No. 19 of 2014 at a very early date without granting any further adjournment and if possible subject of availability of the witness, the matter should be dispose of on day to day hearing and directed the husband to pay sum of rupees 3 lakhs in three installments to be made within two months and subject to the adjustments against the amount of maintenance to be ultimately granted by the learned Court below. Once again the Hon'ble High Court in C.O. No. 799 of 2018 vide order dated 08.02.2019 directed this time additional District Judge, 11th Court, alipore, where the case has been transferred to dispose of the Misc. Case without granting unnecessary adjournment to either of the parties.

5. From the order dated 04.11.2019 passed in C.O. No. 2659 of 2019, it is seen once again the wife petitioner has moved the Hon'ble High Court for expeditious disposal of her Misc. Case under Section 36 of the Special Marriage act, and Hon'ble Co-ordinate bench directed the Court below to dispose of the Misc. Case under Section 36 of the Special Marriage act, within a period of four weeks from the date of communication of the order without entertaining any prayer for adjournment and further directing the learned Court below to treat the time limit fixed for disposal to be preemptory and mandatory.

6. The order dated 12.02.2021 passed in C.O. No.286 of 2021 show the petitioner/wife has once again moved the Hon'ble High Court praying for expeditious disposal of her Misc. Case and at that time the examination in chief of the petitioner was already started and she has already exhibited 58 documents and learned Court below was hearing the case by fixing successive dates in short intervals. However, the Coordinate bench directed the learned Court below complete the cross examination of P.W. 1 within two days by taking the hearing on day to day basis. That if the Misc. Case is not disposed of within the time fixed by the Court the petitioner shall be at liberty to renew the prayer for interim maintenance.

7. The Court below in compliance of the above direction of the Hon'ble High Court in different C.Os. was pleased to close the cross examination of the petitioner without giving any opportunity to the husband to cross exa