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Akb Shreya Dey Nee Nandi vs Anupam Kumar Dey on 18 June, 2018

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10 18.6.18

C.O. 3734 of 2017
akb Shreya Dey nee Nandi

-Versus-

Anupam Kumar Dey

Ms. Nabanita Dutta …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. 27 of 2016 from the Court of the
learned District Judge at Jalpaiguri, to any other suitable
Court.

In support of the prayer for transfer, the
petitioner has contended in this application that due to
mental and physical torture upon her, she has been residing
with her parents at Purba Rabindra Nagar, Post Office –
Rabindra Sarani, Siliguri, Police Station – Bhaktinagar,
District – Jalpaiguri.

The wife petitioner has also submitted before
this Court that a proceeding was initiated on her complaint
under Section 498A and 307 of the Indian Penal Code read
with Section 3/4 of the Dowry Prohibition Act.

Taking into consideration of these facts it is
apparent that the wife is unable to contest the suit pending in
the Court of the learned District Judge at Jalpaiguri. On
going though the averments made in this application it
further appears that the distance between petitioner’s present
place of residence to the Court where the matrimonial suit is
pending is about 45 kilometres for a single journey. This is
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also an additional difficulty for the petitioner, who contests
the matrimonial suit in the Court of the learned District
Judge at Jalpaiguri.

Considering the petitioner’s present place of
residence and where the matrimonial suit has been filed by
the husband opposite party, I am prima facie satisfied that if
the petitioner is compelled to attend the Court at learned
District Judge, Jalpaiguri to pursue the matrimonial suit she
will face lot of hardship.

Accordingly, all further proceeding in
matrimonial suit, being Mat. Suit No. 27 of 2016 pending in
the Court of learned District Judge, Jalpaiguri, be stayed 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
‘contested application’.

Leave is granted to the petitioner to file
supplementary affidavit regarding the name of the Court
below where the proceeding under Section 498A and 307 of
the Indian Penal Code and Section 3/4 of the Dowry
Prohibition Act is pending.

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

( Sahidullah Munshi, J.)

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