(Hansda) vs Kanchan Sonamandi on 5 September, 2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
C.0.No.2614 of 2017
Batibala Hansda @ Batibala Sonamandi
(Hansda)
Vs.

Kanchan Sonamandi

Mr.Debabrata Acharyya
Mr.Sital Samanta
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
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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.)

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