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Akb Mousumi Fulmali vs Subhankar Ghosh on 18 June, 2018

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11 18.6.18

C.O. 4071 of 2017
akb Mousumi Fulmali

-Versus-

Subhankar Ghosh

Mr. Anindya Ghosh …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. 38 of 2017 from the Court of the
learned Additional District and Sessions Judge, Jangipur,
Murshidabad to any other suitable Court.

According to the petitioner she has been
compelled to leave the matrimonial home because of mental
torture and physical assaults.

It has been stated in the petition that the
petitioner has to travel 100 kms. in one way from her present
place of residence at Duckbanglo Para, Post Office, Police
Station – Nalhati, District – Birbhum to attend the Court of
the learned Additional District and Sessions Judge, Jangipur,
Murshidabad. It has also been stated in the application that
there are two other proceedings pending which arise out of
Section 498A of the Indian Penal Code and Section 125 of
the Criminal Procedure Code, both filed by the wife
petitioner and those are pending before the learned
Additional Chief Judicial Magistrate, Rampurhat, Birbhum.

Considering the distance from the petitioner’s
present place of residence to the Court of the learned
Additional District and Sessions Judge, Jangipur,
Murshidabad to pursue the said matrimonial suit, she will
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have to face a lot of hardship. Keeping those in mind I am
inclined to grant interim protection.

Let there be stay of all further proceedings in
the said matrimonial suit pending in the Court of learned
Additional District and Sessions Judge, Jangipur,
Murshidabad, for a period eight weeks from date.

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.

As prayed for, leave is granted to file
supplementary affidavit in the meantime.

Urgent photostat certified copy of this order, if
applied for, be given to the petitioner, on priority basis.

( Sahidullah Munshi, J.)

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