Smt.Sonali Ghosh vs Arindam Ghosh on 5 September, 2017

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9.2017
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In the High Court at Calcutta
Civil Revisional Jurisdiction
C.0.No.2420 of 2017
Smt.Sonali Ghosh
Vs.

Arindam Ghosh

Mr.Amlan Jyoti Sengupta
Mr.Abhijit Pal .. for the petitioner.

In this application under section 24 of the Code of Civil Procedure, 1908 the petitioner-wife

has prayed for, transfer of the application under Section 25 of the Guardians and Wards Act, 1890

(in short “the Act of 1890”), filed by the opposite party-husband and pending before the learned

District Judge at Alipore, South 24-Parganas to the court of the learned District Judge at Howrah.

The grounds urged by the petitioner in this application are that after being compelled to

leave the matrimonial home, she along with her minor child are residing with her parents at Bally.

Having no independent source of income she filed an application under section 125 of the Code of

Criminal Procedure, 1973, before the learned Judicial Magistrate at Howrah and the opposite party-

husband is contesting the said application. She has also filed an application under Section 6 of the

Act of 1890, before the learned District Judge, Howrah praying for an order to allow herself to keep

the custody of the minor child and the opposite party-husband is contesting the said application,

without any difficulty. Further, in view of the provisions contained in section 9 of the Act of 1890

while the minor child is staying with her at Bally in the district of Howrah, the learned District

Judge at Alipore, South 24-Parganas lacks the jurisdiction to entertain the application of the

opposite party under section 25 of the Act of 1908. It is further urged that not only she is facing

difficulty to contest the application filed by the opposite party under section 25 of the Act of 1890
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before the learned District Judge at Alipore, South 24-Parganas, but if the two proceedings filed by

the respective parties under the Act of 1890, for their rival claims with regard to the custody of the

minor child are allowed to be continued before two different courts, there is likelihood of

conflicting judicial decisions involving of the same issues.

After considering the facts and circumstances of the case, I find 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 Act VIII Case No.14 of 2017 (Arindam Ghosh vs. Sonali Ghosh)

pending before the learned District Judge at Alipore, South 24-Parganas, 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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