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Akb Smt. Smita Pramanik @ Smita … vs Sri Shuvendu Pramanik on 18 February, 2019

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16 18.2.19

C.O. 553 of 2019
akb Smt. Smita Pramanik @ Smita Paul

-Versus-

Sri Shuvendu Pramanik

Mr. Abhijit Laik
Mr. Bhubaneswar Dutta …For the Petitioner

This application under Section 24 of the Code of
Civil Procedure seeking transfer of matrimonial suit, being
Mat. Suit No. 1976 of 2018 currently pending in the Court of
the learned 2nd Additional District Judge, North 24-Parganas
at Barrackpore.

It has been stated by the petitioner in her
application that there are other two proceedings namely, one,
under Section 498A/406/325 of the Indian Penal Code in
connection with Bhadreswar Police Station Case No. 363 of
2016 registered as G.R. Case No. 1492 of 2016 pending in
the Court of learned Additional Chief Judicial Magistrate
Chandannagore, Hooghly and another proceeding being
under Section 125 of the Criminal Procedure Code, being
Miscellaneous Case No. 119 of 2017 pending in the Court of
the learned Judicial Magistrate, 3rd Court at Chandernagore,
Hooghly and in both the proceedings the husband is
contesting regularly.

In view of the fact disclosed in the application,
in my view the petitioner has made out a prima facie case for
interim protection.

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Accordingly, there will be an order of stay of all
further proceedings in the Matrimonial Suit No. 1976 of
2018 pending in the Court of the learned 2nd Additional
District Judge, North 24-Parganas at Barrackpore for a
period of 6 (six) weeks with liberty to pray for extension of
the same upon notice to the opposite party.

Let the application be listed for hearing four
weeks hence under the heading ‘Contested Application’.

Let a copy of this revisional application be
served 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.

( Sahidullah Munshi, J.)

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