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Ct No. 6 vs P.M. Gaurav Bagri on 17 May, 2018

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C.O. 4210 of 2017
17.05.2018

Sl no. 56 Sneha Bhagri @ Sharma
Ct no. 6 – Vs –
P.M. Gaurav Bagri

Mr. Saunak Bera

… for the petitioner

This is an application under Section 24 of the Code of Civil Procedure seeking transfer of

Matrimonial Suit No. 171 of 2017 pending before the learned Family Court at Calcutta.

In the petition it has been averred that owing to inhuman torture the wife had to leave the

matrimonial home and presently residing with her parents at Kharagpur, District Paschim

Midnapur. The marriage was solemnized under the Special Marriage Act on 13th June, 2016 and

the divorce suit has been filed in 2017. There has been initiation of proceeding under Section

498A/323/325/307/ 406/506 read with Section 34 of the Indian Penal Code which is pending

before the concerned Court at Paschim Midnapore. Petition also discloses that another proceeding

of Section 125 of the Criminal Procedure Code being M.R. Case No. 409 of 2016 is also pending

before the Chief Judicial Magistrate, Paschim Midnapore and the husband is contesting the said

proceeding. Looking at the averments made in the petition it appears that there are sufficient

reasons to hold that the petitioner will not be safe in attending the matrimonial proceeding in

Calcutta.

Petitioner was directed to serve a copy of the application upon opposite party and in

pursuance thereof he sent a copy of the application under registered cover but the registered

article has come back with the endorsement “door locked”. Registered article was sent on 9th

February, 2018 by speed post. However, since it cannot be ascertained that the opposite party

has received the communication petitioner is directed to make an attempt to serve a copy of the

application upon the learned conducting advocate for the husband in the Court below and to file

an affidavit of service on the next date.

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Learned advocate for the petitioner also submits that the next date is fixed on 21st June,

2018 in the court below.

Having heard the parties and having considered the materials available on record I am of

the view that the petitioner has made out a prima facie case for interim protection. Accordingly,

this court directs stay of all further proceedings in matrimonial suit No. 171 of 2017 pending

before the learned Family Court at Calcutta for a period of six weeks after vacation with liberty to

pray for extension of the same upon notice to the opposite party.

Let this matter be listed two weeks after vacation.

(Sahidullah Munshi, J.)

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