Smt. Sunita Das vs Soumyodip Das on 22 June, 2017

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In The High Court At Calcutta
21-06-2017
sh-7
Civil Revisional Jurisdiction
.

CO 1857 of 2017
Smt. Sunita Das
v.

Soumyodip Das

Mr. Hiranmoy Bhattacharyya
Mr. Saunak Bhattacharyya
… for the petitioner.

This is an application under Section 24 of the Code

of Civil Procedure, 1908 at the instance of the

defendant/wife for transfer of the matrimonial suit filed by

the opposite party/husband and pending before the Court

of the learned Additional District Judge, 1st Court at

Serampore, District- Hooghly to the Court of the learned

District Judge at Bankura.

The grounds urged in this application are that the

petitioner has no independent source of income, nor was

she receiving any maintenance from the opposite party.

Accordingly, she filed an application under Section 125 of

the Cr.PC, 1973 before the Court of the learned Chief

Judicial Magistrate at Bankura, against the opposite party

which has since been transferred to the Court of the
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learned Judicial Magistrate, 5th Court at Bankura.

In spite of an order being passed by the learned

Judicial Magistrate, 5th Court at Bankura directing the

opposite party to pay Rs. 10,000/- per month to the

petitioner as interim maintenance, later has challenged

the same before the learned District Judge, Bankura in

revisional jurisdiction and the opposite party is not paying

any maintenance to the petitioner. The petitioner has also

initiated a criminal proceeding against the opposite party

under Section 498A/34 IPC and Sections 3 and 4 of the

Dowry Prohibition Act before the learned Chief Judicial

Magistrate, Sadar Court, Bankura. The opposite party is

also contesting the said proceeding. In view of the

pendency of the criminal proceeding against the opposite

party before the learned Courts at Bankura on the

strength of the decision of the Supreme Court in the case

of Tejalben v. Mihirbhai Bharatbhai Kothari, reported in

(2016) 3 SCC 69, it is contended on behalf of the

petitioner that it is a fit case for transfer of the

matrimonial suit filed by the opposite party to the learned

Court at Bankura as prayed for in this revisional

application. It is further contended by the petitioner that

in any event, she is facing great hardship to contest the
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subsequent matrimonial suit motivatedly filed by the

opposite party/husband before the learned Additional

District Judge , 1st Court at Serampore, District-Hooghly

by travelling the long distance between her present

residence at Bankura and Serampore.

Considering the aforementioned grounds urged by

the petitioner, I find 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 Matrimonial

Suit No. 242 of 2017 ( Soumyodip Das v. Smt. Sunita Das)

till the disposal of this application.

The petitioner is directed to serve a copy of the

application, together with a copy of this order on the

opposite party by Speed Post with A/D. The petitioner

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

Let, this application appear as a “Contested

Application under Section 24 CPC” in the monthly list of

August 20, 2017.

Certified website copies of the order, if applied for,

be urgently made available to the parties on usual

undertaking.

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(Ashis Kumar Chakraborty, J)

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