C.O. 1001 of 2018
akb Monalisa Das
Mr. Arnab Das
Ms. Paromita Purkait
Mr. Sagar Chakraborty …For the Petitioner
This is an application under Section 24 of the
Code of Civil Procedure seeking transfer of matrimonial
suit, being Mat. Suit No. 12 of 2018 pending in the Court of
the learned District Judge, Bankura.
The petitioner is an employee of the Food
Corporation of India and is posted in Calcutta. The husband
of the petitioner is also an employee of the Food Corporation
of India and is posted in the Bankura District.
While husband discharging his service at
Bankura, he has filed the matrimonial suit in the Court of the
learned District Judge, Bankura seeking restitution of
conjugal life. The wife being posted at Calcutta and also
residing within the jurisdiction of Kolkata Corporation her
anguish to attend the Court where the matrimonial suit is
pending at Bankura, can not be ruled out.
She has also stated in paragraph 10 of the
petition that a proceeding under Section 498A of the
Criminal Procedure Code currently pending in the Court of
learned Chief Judicial Magistrate at Alipore, is being
contested by the husband.
Since the husband is attending the Court of the
Chief Judicial Magistrate at Alipore, there cannot be any
difficulty for him to pursue the matrimonial suit if the same
is transferred to Calcutta. However, this question may be
gone into in detail after hearing the parties.
For the present, let there be an interim order of
stay of all further proceeding in matrimonial suit, being Mat.
Suit No. 12 of 2018 pending in the Court of the learned
District Judge, Bankura, for a period of eight weeks from
date or until further orders whichever is earlier.
The petitioner is directed to serve copy of this
application upon the opposite party within a week under
registered cover with acknowledgement due and to file an
affidavit-of-service on the next date of hearing.
Let this matter appear four weeks hence as
Urgent photostat certified copy of this order, if
applied for, be given to the petitioner, on priority basis.
( Sahidullah Munshi, J.)