Smt. Mou Gorai vs Jiban Gorai on 21 June, 2017

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17.
21.06.2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side

C.O. 1888 of 2017

Smt. Mou Gorai

-Vs.-

Jiban Gorai

Ms. Sudipa Biswas
……for the petitioner

In this application the petitioner has prayed for, transfer of the
matrimonial suit filed by the opposite party husband and pending
before the Court of the learned Additional District Judge, 4th Court at
Asansol, Burdwan to the Court of the learned District Judge, Bankura.

The principal grounds urged by the petitioner in this
application are that when she has already filed an application under
Section 125 of the Criminal Procedure Code and caused initiation of a
proceeding under Section 498A of the Indian Penal Code, against the
opposite party husband before the competent Courts in the district of
Bankura, the opposite party has motivatedly filed the matrimonial suit
before the Court of the learned Additional District Judge, 4th Court at
Asansol, Burdwan. Thus, according to the petitioner, in view of the
decision of the Supreme Court in the case of Tejalben vs. Mihirbhai
Bharatbhai Khothari, reported in 2016 SC 718, this Court should
transfer the matrimonial suit as prayed for in this application. It is
submitted by the petitioner that, in any event, she is otherwise facing
great hardship to contest the matrimonial suit filed by the opposite
party husband by travelling the long distance between her present
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residence at Lalbazar, Depogora in the district of Bankura and the
Court of the learned Additional District Judge, 4th Court at Asansol,
Burdwan.

Considering the aforementioned grounds urged on behalf of the
petitioner, I am satisfied that the petitioner has made out a prima facie
case for interim protection.

Accordingly, there shall be an interim order directing stay of all
further proceedings in MAT Suit No. 107/16 (289/16) (Jiban Gorai vs.
Smt. Mou Gorai) pending before the Court of the learned Additional
District Judge, 4th Court at Asansol, Burdwan, till the disposal of this
application.

The petitioner is directed to serve a copy of this application,
together with copy of this order, on the opposite party by speed post
with acknowledgement due.

Let, this application appear under the heading “Contested
Application under Section 24 C.P.C.” in the monthly list of August,
2017.

The petitioner shall file an affidavit of service on the next date of
hearing.

Urgent certified website copy of this order, if applied for, be
made available to the petitioner upon compliance of requisite
formalities.

(Ashis Kumar Chakraborty, J.)

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