Smt. Jayeeta Chakraborty vs Sudipto Chakraborty on 29 August, 2017

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11.
29.08.2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side
C.O. 1737 of 2017

Smt. Jayeeta Chakraborty

-Vs.-

Sudipto Chakraborty

Mr. Uttam Kumar Mazumder
…for the petitioner

Ms. Somdyuti Parekh,
Mr. Arnab Nandi
…for the opposite party

In this application under Section 24 of the Code of Civil
Procedure, 1908 the petitioner wife has prayed for, transfer of the
matrimonial suit filed by the opposite party-husband and pending
before the Court of the learned 14th Additional District Judge at
Alipore, South 24-Parganas to the Court of the learned Additional
District Judge at Kalyani, Nadia.

In the present case, the petitioner has also filed a suit against
the opposite party before the learned Additional District Judge at
Kalyani, Nadia claiming a decree for dissolution of marriage. The
petitioner-wife has also filed a petition under Sections 498A/406/34 of
the Indian Penal Code read with Section 93 of the Criminal Procedure
Code against the opposite party-husband which is pending before the
learned Additional Chief Judicial Magistrate at Kalyani, Nadia. The
other application filed by the petitioner-wife against the opposite
party-husband under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 is also pending before the learned
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Additional Chief Judicial Magistrate at Kalyani, Nadia. Undisputedly,
the opposite party is contesting both the said criminal proceedings
before the learned Additional Chief Judicial Magistrate at Kalyani,
Nadia.

Although, it is submitted on behalf of the petitioner that she is
presently suffering from various ailments and some medical
prescriptions are produced on behalf of the petitioner but, having
considered the facts of the case, I find that the interest of justice
would be sub-served to both the parties if both the matrimonial suits
filed by the opposite party-husband as well as the petitioner-wife are
transferred to the Court of the learned Additional District Judge, 2nd
Court at Barrackpore, North 24-Parganas.

Accordingly, the Matrimonial Suit No. 90 of 2016 (Sudipto
Chakraborty vs. Smt. Jayeeta Chakraborty) is withdrawn from the
Court of the learned 14th Additional District Judge at Alipore, South
24-parganas and the same is transferred to the Court of the learned
Additional District Judge, 2nd Court at Barrackpore, North 24-
Parganas.

The learned District Judge, South 24-Parganas is directed to
forthwith transmit all the records of the Matrimonial Suit No. 90 of
2016 (Sudipto Chakraborty vs. Smt. Jayeeta Chakraborty) to the Court
of the learned District Judge, North 24-parganas at Barasat, who shall,
in turn, transmit the same to the Court of the learned Additional
District Judge, 2nd Court at Barrackpore, North 24-Parganas.

Similarly, the Matrimonial Suit No. 418 of 2016 (Smt. Jayeeta
Chakraborty vs. Sudipto Chakraborty) is also withdrawn from the
Court of the learned Additional District Judge at Kalyani, Nadia and
the same is transferred to the Court of the learned Additional District
Judge, 2nd Court at Barrackpore, North 24-Parganas.

The learned District Judge, Nadia is directed to forthwith
transmit all the records of the Matrimonial Suit No. 418 of 2016 (Smt.

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Jayeeta Chakraborty vs. Sudipto Chakraborty) to the Court of the
learned District Judge, North 24-parganas at Barasat, who shall, in
turn, transmit the same to the Court of the learned Additional District
Judge, 2nd Court at Barrackpore, North 24-Parganas.

The learned transferee Court shall dispose of both the
matrimonial suits filed by the opposite party-husband, as well as the
petitioner-wife by way of analogous hearing.

With the above directions, the revisional application, C.O. 1737
of 2017, stands disposed of.

There shall, however, be no order as to costs.
Urgent certified website copies of this order, if applied for, be
made available to the parties upon compliance of all requisite
formalities.

(Ashis Kumar Chakraborty, J.)

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