Nee Banerjee vs Suman Chakraborty on 5 September, 2017

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18.
05.09.2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side

C.O. 2359 of 2017

Smt. Mithu Chakraborty
Nee Banerjee

-Vs.-

Suman Chakraborty

Mr. Subrata Bhattachary
……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
filed by the opposite party-husband and pending before the Court of
the learned Additional District Judge at Barrackpore, North 24
Parganas to the Court of the learned Additional District Judge at
Durgapur, Burdwan.

A copy of this application has been served upon the opposite
party but none appears on his behalf to oppose this application. Let,
the affidavit of service filed on behalf of the opposite party be kept on
record.

It is the case of the petitioner that after being compelled to leave
the matrimonial home, she is presently residing with her parents at
Durgapur, she has no independent source of income and, in spite of a
direction passed by the learned Judicial Magistrate, 3rd Court at
Durgapur in the application under Section 125 of the Criminal
Procedure Code, the opposite party is not paying any maintenance to
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her. She is facing great hardship to contest the application filed by the
opposite party claiming custody of the minor children by travelling the
long distance between Durgapur and the Court the learned Additional
District Judge at Barrackpore, North 24-Parganas. According to the
petitioner, the opposite party-husband is presently employed in a jute
mill in the State of Andhra Pradesh and while he is already contesting
the application filed under Section 125 of the Criminal Procedure Code
before the learned Judicial Magistrate, Durgapur, the opposite party
will not face any difficulty if his application under Section 25 of the
Guardians and Wards Act, 1890 is also transferred to the Court of the
learned Additional District Judge at Durgapur.

Considering the facts of the case and the averments made by
the petitioner in this application, I am satisfied that the petitioner has
made out a prima facie case for interim protection.

Accordingly, there shall be an interim order directing stay of all
further proceedings in Misc. Case No. 92 of 2017 (Suman Chakrabarty
vs. Mitu Chakrabarty) pending before the Court of the learned
Additional District Judge at Barrackpore, North 24-Parganas, till the
disposal of this application.

The petitioner is directed to serve a copy of this application,
together with a copy of this order, on the opposite party by speed post
with acknowledgement due.

Let this application appear under the heading ‘Contested
Application under Section 24 C.P.C.’ in the monthly list of November,
2017.

The petitioner shall file an affidavit of service on the next date of
hearing.

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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