Mitali Dalai Patra vs Soumak Patra on 18 July, 2017

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(26)
18.07.2017

(p.j.)

IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION

C.O. No. 2156 of 2017

Mitali Dalai Patra

-versus-

Soumak Patra

Mr. Suman Sankar Chatterjee
Mr. Uday Sankar Chatterjee
Mr. Subhadip Banerjee
Mr. S. Maji
… for the petitioner

This is an application under Section 24 of the Code of Civil Procedure, at the instance of the

wife praying for, transfer of the matrimonial suit filed by the opposite party husband and pending

before the Court of the learned Additional District Judge, Baruipur, South 24 Parganas to the Court

of the learned Additional District Judge, Asansol.

It is the case of the petitioner that after being compelled to leave the matrimonial home, she

along with her minor son are presently residing with her parents at Asansol. She has no

independent source of income, nor is she receiving any maintenance from the opposite party

husband. She has filed an application under Section 125 Cr.P.C. against the opposite party which is

pending before the Court of the learned Additional Chief Judicial Magistrate, at Asansol and the

opposite party is contesting the said proceeding. Another criminal proceeding under Section 498A

of the Indian Penal Code against the opposite party husband is also pending before the Court of the

learned Additional Chief Judicial Magistrate, Asansol which is also being contested by the opposite

party. The petitioner is otherwise facing great hardship to contest the matrimonial suit filed by the
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opposite party by travelling the long distance between her present residence at Asansol and

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Baruipur in the District of South 24 Parganas.

Having considered the statements made in the application, 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

Matrimonial Suit No. 243 of 2017 (Soumak Patra vs. Mitali Dalai Patra) pending before the Court

of the learned Additional District Judge at Baruipur, South 24 Parganas, till the disposal of this

application.

The petitioner is directed to serve a copy of this application, together with the copy of this

order on the opposite party by speed post with acknowledgement due. The petitioner shall file an

affidavit of service on the next date of hearing.

Let, this application appear in the monthly list of August, 2017 under the heading

“Contested Application under Section 24 CPC”.

Certified website copies of the order, if applied for, be urgently made available to the party,

subject to compliance with all requisite formalities.

(Ashis Kumar Chakraborty, J.)

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