C.O. 4210 of 2017
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
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.
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.)