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Ananya Biswas Banerjee vs Bimal Kumar Biswas on 12 September, 2019

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12.09.19

Srimanta
List – S/L
Sl. No. 10
Ct. No. 25
C. O. 3106 of 2019

Ananya Biswas Banerjee

-Vs.-

Bimal Kumar Biswas

Mr. Tapas Kumar Ghosh, Adv.,
Mr. Tanmoy Chowdhury, Adv.,
…for the petitioner.

Marriage of the petitioner with the opposite party was solemnized on 3rd
June, 2005 according to Hindu rites and ceremonies. In the said wedlock
petitioner gave birth to a female child who is now aged about 12 years.
Subsequently, however, marriage between the petitioner and the opposite
party was dissolved on mutual consent on and from 1st March, 2013. The
petitioner is a school teacher and staying at Bud Bud within Paschim
Bardhaman. The petitioner has performed second marriage with another
person and in the said marriage she has one child, presently aged about two
years. The opposite party also married for the second time and he has been
residing at Krishnagar with her second wife. In the said wedlock also the
opposite party has a child. The daughter of the petitioner from his first wife is
now aged about 12 years, a student of class –VI at Durgapur.

The opposite party has filed a case under Guardians and SectionWards Act
being Act VIII Case No. 16 of 2018 against the petitioner before the learned
District Judge, Nadia at Krishnagar praying for custody of the said female child
who is now being maintained by the petitioner at her place at Bud Bud.

The petitioner has prayed for transfer of the said Act VIII Case No. 16 of
2018 from the Court of the learned District Judge, Nadia at Krishnagar to the
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Court of the learned Additional District Judge at Durgapur on the following
grounds:-

(i) The petitioner is a teacher by profession and it is not possible
for her to take leave on each and every date when the matter
would be fixed for hearing.

(ii) There is considerable distance between Krishnagar and
Durgapur and it takes about five hours to reach Krishnagar. It
will cause inconvenience to her.

(iii) Besides the child from her first marriage, the petitioner has
another child from her second marriage who is now aged about
two years and it is not possible for the petitioner to visit
Krishnagar leaving her said minor child.

Having heard submissions made by the learned Counsel for the
petitioner and on perusal of the application I find that the petitioner has been
able to make out an arguable case in support of her prayer. Accordingly, the
instant revision is admitted.

The petitioner is directed to serve notice upon the opposite party
through registered speed post with acknowledgement due within one week
from the date of this order and to file affidavit-of-service within one week from
the date of receipt of the notice.

In the meantime, there shall be an order of stay of all further
proceedings in Act VIII Case No. 16 of 2018 pending before the learned
District Judge, Nadia at Krishnagar till 11th November, 2019.

The petitioner is at liberty to mention the matter after service of notice
upon the opposite party.

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(Bibek Chaudhuri, J.)

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