In the High Court at Calcutta
Civil Revisional Jurisdiction
C.0.No.2614 of 2017
Batibala Hansda @ Batibala Sonamandi
Mr.Bibekananda Sinha Ray .. 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 filed by the opposite
party-husband under section 25 of Guardians and Wards Act, 1890 (in short ‘Act
of 1890’) and pending before the court of the learned District Judge, Purba
Medinipur to the court of the learned District Judge, Paschim Medinipur.
The principal ground urged in this application by the petitioner is that after
being compelled to leave the matrimonial home she along with her minor child
are residing with her parents at Village-Kodapura, Post Office-Kodapura, Police
Station-Belpahari, District-Jhargram and in view of the provision contained in
section 9 of the Act of 1890, when the minor child was all along residing with the
petitioner at her present address in the District of Jhargram, the learned District
Judge, Purba Medinipur lacks the jurisdiction to entertain the application filed
by the opposite party-husband claiming custody of the minor child. The
petitioner has also spelt out the other grounds of inconvenience to be faced by
her to attend the application filed by the husband before the learned District
Judge, Paschim Medinipur.
Having considered the statements made in this application, 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 Act VIII Case No.9 of 2017 [Kanchan Sonamandi vs. Batibala
Hnsda @ Batibala Sonamandi (Hansda)], pending before the court of the learned
District Judge, Purba Medinipur 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.)