List – S/L
Sl. No. 12
Ct. No. 25
C. O. 3508 of 2019
Ujjal Kumar Das
Mr. Amajit De, Adv.
…for the petitioner.
The wife/petitioner has filed the instant application under Section 24 of
the Code of Civil Procedure praying for transfer of Matrimonial Suit No. 64 of
2019 filed by the opposite party for restitution of conjugal rights in the Court
of the learned District Judge at Purulia to the Court of the learned Additional
District Judge, Durgapur under the district of Paschim Burdwan. I have
perused the application. The petitioner has sought for transfer of the
matrimonial suit mainly, on the ground that two other proceedings, one under
the provision of Protection of Women from SectionDomestic Violence Act and the
other under Section 498A of the Indian Penal Code are filed by the present
petitioner against the opposite party and his family members are pending
before the learned A.C.J.M., Durgapur and in the proceeding under Section 12
of the P.W.D.V. Act, the opposite party has already entered appearance and
has been contesting the said case.
Since petitioner has been able to make out an arguable case, the instant
revision is admitted.
The petitioner is directed to serve copy of the instant application under
registered speed post with acknowledgement due within one week from the
date of this order to the opposite party and file affidavit-of-service
immediately on receipt of the service return.
The petitioner is at liberty to mention the matter for listing after service
of notice is effected upon the opposite party. In the meantime, there shall be
an order of stay of all further proceedings in Matrimonial Suit No. 64 of 2019
pending before the learned District Judge at Purulia till 5th December, 2019.
(Bibek Chaudhuri, J.)