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Ct No. 6 vs P.M. Shailesh Gupta on 17 May, 2018


C.O. 1166 of 2018

Sl no. 68 Deepika Gupta
Ct no. 6 – Vs –
P.M. Shailesh Gupta

Mr. Swarup Kumar Ghosh

… for the petitioner

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

Matrimonial Suit being No. 89 of 2015 pending in the Court of Additional District Judge, Howrah.

It is the case of the petitioner that she has been residing at Chatterjeehat, in the District

of Howrah. Husband has filed matrimonial proceeding under Section 9 of the Hindu Marriage Act

in the Court at Alipore. She seeks transfer of the said matrimonial proceeding to the Court of

Howrah where four other proceedings are already pending. The said proceedings are : –

i) Matrimonial Suit No. 2941 of 2016 pending before the learned Additional District

Judge, First Court at Howrah initiated by the wife / petitioner currently pending

before the learned Additional District Judge, First Court at Howrah.

ii) Chatterjeehat P.S. Case No. 142 of 2016 initiated by the wife under Section

498A/406 of the Indian Penal Code.

iii) The proceeding under Guardian and Ward Act 1890 filed by the husband in the

Court of the learned District Judge, Howrah and

iv) An application filed by the wife / petitioner under Section 12 of the protection of

women from Domestic Violence (Act), 2005 being Misc. Case No. 419 of 2016.

Having regard to the fact that various other proceedings even though filed by the husband

are pending before the Howrah Court, I am of the view that the petitioner has made out a prima

facie case in support of the transfer of the Matrimonial Suit. However, the matter is to be decided

after hearing the opposite party and the petitioner is directed to serve notice with a copy of the

application upon the opposite party within a week from date under registered cover with

acknowledgement due and to file affidavit of service on the next date of hearing.

This court is also convinced that the petitioner is entitled to interim protection and,

therefore, I direct stay of all further proceedings in Matrimonial Suit No. 89 of 2015 pending in

the Court of learned 14th Additional District Judge, Alipore for a period of six weeks after the

summer vacation.

Let this matter be listed for hearing two weeks after summer vacation.

(Sahidullah Munshi, J.)

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