Sumona Saha (Ray) vs Agniv Saha on 5 September, 2017

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09.2017
sm
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In the High Court at Calcutta
Civil Revisional Jurisdiction
C.0.No.2737 of 2017
Sumona Saha (Ray)
Vs.

Agniv Saha

Mr.Bratindra Narayan Ray
Ms.Priyanka Das .. for the petitioner.

Leave is granted to the petitioner to correct the cause title and the prayer

portion of the application in course of this day.

This is an application under section 24 of the Code of Civil Procedure,

1908, at the instance of the petitioner-wife, for transfer of the matrimonial suit

filed by the opposite party-husband and pending before the court of the learned

Additional District Judge, 3rd Fast Track Court at Malda to the court of the

learned District Judge at Alipore, South 24-Parganas.

It is the case of the petitioner that after being compelled to leave the

matrimonial home, she is presently residing with her parents at Bhawanipur,

Kolkata and she is facing great hardship to contest the matrimonial suit before

the court of the learned Additional District Judge, 3rd Fast Track Court at Malda

by travelling the long distance of 350 kms. each way, between Kolkata and

Malda. Further two proceedings, one under section 125 of the Code of Criminal

Procedure, 1973 and another under section 498A of the Indian Penal Code, 1860

against the opposite party-husband are pending before the Court of the learned
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Chief Judicial Magistrate at Alipore, South 24-Parganas and the opposite party is

regularly attending the said proceeding without any difficulty.

According to Mr.Ray, in view of the decision of the Hon’ble Supreme Court

in the case of Tejalben vs. Mihirbhai Bharatbhai Kothari, reported in AIR 2016

Supreme Court 718, it is a fit case for transfer of the matrimonial suit as prayed

for in this application.

Having considered the facts of the case and the decision of the Hon’ble

Supreme Court in the case of Tejalben (supra), I am satisfied that the petitioner

has made out a prima facie case for interim protection. Accordingly, there will be

an interim order directing stay of all further proceedings in MAT Suit No.267 of

2017 [(Agniv Saha vs. Sumona Saha (Ray)], pending before the Court of the

learned Additional District Judge, 3rd Fast Track Court at Malda till the disposal

of this application.

The petitioner is directed to serve a copy of this application on the opposite

party-husband by speed post with acknowledgement due card.

Let this application appear under the heading ‘Contested Application under

section 24’ in the combined monthly list of November, 2017.

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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