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Dr. Niladri Topdar vs Sanhoti Topdar (Banerjee) on 2 May, 2017

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04.
02.05.2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side

C.O. 1210 of 2017

Dr. Niladri Topdar

-Vs.-

Sanhoti Topdar (Banerjee)

Mr. Mahendra Prosad Gupta,
Mr. Ayan Mitra
……for the petitioner

Mr. Manabendra Thakur
……for the opposite party

In this application under Section 24 of the Code of Civil
Procedure, 1908 the petitioner-husband has prayed for, transfer of
the matrimonial suit filed by the opposite party-wife and pending
before the Court of the learned Additional District Judge at Sealdah
to the Court of the learned District Judge, North 24-Parganas at
Barasat.

It is the case of the petitioner that he has already filed a
matrimonial suit, being Matrimonial Suit No. 725 of 2016, which is
pending before the Court of the learned 2nd Additional District
Judge at Barasat, North 24-Parganas claiming a decree for
dissolution of marriage against the opposite party-wife. The
opposite party wife has filed a criminal proceeding against him and
his parents under Sections 120B/420/498A of the Indian Penal
Code and in a revisional application, being C.R.R. 246 of 2016, a
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learned Single Judge of this Court has quashed the said proceeding
against his parents and, thereafter, on May 12, 2016 the opposite
party-wife filed a matrimonial suit, being Matrimonial Suit No. 179
of 2016, before the Court of the learned Additional District Judge at
Sealdah claiming a declaration of nullity of the marriage. It is
submitted on behalf of the petitioner that the opposite party-wife
has filed the matrimonial suit as a counter-blast to the matrimonial
suit filed by the petitioner and, in any event, in order to avoid
conflicting judicial decisions between the same parties involving
same set of facts, the matrimonial suit filed by the opposite party-
wife should be transferred to the Court of the learned District
Judge, North 24-Parganas at Barasat.

Having considered the facts of the case, I am satisfied that
the petitioner has made out a prima face case for interim
protection.

Accordingly, there shall be an interim order directing stay of
all further proceedings in Matrimonial Suit No. 179 of 2016
[Sanhoti Topdar (Banerjee) vs. Dr. Niladri Topdar] pending before
the Court of the learned Additional District Judge at Sealdah till
the disposal of this application.

Mr. Thakur, learned advocate prayed for an opportunity to
file affidavit-in-opposition to this application on behalf of the
opposite party.

Let, the opposite party-wife file her affidavit-in-opposition to
this application within June 09, 2017; reply thereto, if any, be filed
within June 30, 2017.

Let this application appear under the heading ‘Contested
Application under Section 24 C.P.C.’ in the monthly list of July,
2017.

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Urgent certified website copies of this order, if applied for, be
made available to the parties upon compliance of requisite
formalities.

(Ashis Kumar Chakraborty, J.)

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