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14.03.2019
[07]
Ct.25
suman
C.O. 1048 of 2016
Dr. Shnaoli Chakraborty
Vs.
Dr. Kunal Chakraborty
Ms. Deblina Lahiri
Ms. Samapti Roy
Mr. Mrinmoy Chatterjee
…for the petitioner
Mr. Ayan Banerjee
Mr. Soumo Chaudhury
…for the opposite party
Due to matrimonial discord, the wife and husband, both well
educated and medical practitioners by profession, have been
fighting legal battles. However, it appears from the submission
made by Ms. Deblina Lahiri, learned advocate for the petitioner
and Mr. Ayan Banerjee, learned advocate for the opposite party
that good sense prevailed upon them and they are now residing
together.
For the sake of disposal of the instant civil order under
Section 24 of the Code of Civil Procedure (hereafter the C.P.C.),
salient facts are recorded herein below; Act VIII Case No.3 of
2016 was filed by the husband /opposite party under Section 25
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of the Guardians and Wards Act, 1890 praying for custody of the
person of their minor children who have been residing with their
mother, petitioner herein from the Court of the learned District
Judge, Hooghly to the Court of the learned Additional District
Judge, Kalyani.
It is jointly submitted by the learned advocates for the
parties that the parties have agreed to settle their dispute
amicably. A criminal case under Section 498 A of the Indian
Penal Code along with other penal provisions is pending before
the learned A.C.J.M., Kalyani in the district of Nadia.
Act VIII Case No.3 of 2016, on the other hand is instituted
by the learned District Judge, Hooghly.
Both the parties, I am told, met jointly their learned
advocates on 11th March, 2019. The opposite party informed his
learned counsel in writing that he has no objection if Act VIII Case
No.3 of 2016 is transferred to the Court of the learned Additional
District Judge at Kalyani where both the parties will be able to get
all the matters disposed of amicably. Instruction made by the
opposite party to his learned advocate be kept with the record.
Learned counsel for the petitioner also submits to the same
tune with the learned counsel for the opposite party.
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In view of such circumstances and specially when there is
every chance of amicable settlement of the dispute between the
parties and the nucleus of the institution of marriage may be
protected, this application deserves to be favourably considered.
Accordingly, the application under Section 24 of the C.P.C. is
allowed, however, without cost.
Act VIII Case No.3 of 2016 be transferred from the Court of
the learned District Judge, Hooghly to the Court of the learned
Additional District Judge, Kalyani, Nadia for disposal.
Office is directed to send a copy of this order to the learned
District Judge, Hooghly and the learned Additional District Judge,
Kalyani, Nadia for information and compliance of this order
forthwith.
Urgent photostat certified copy of this order, if applied for,
be made available to the parties upon compliance of the requisite
formalities.
(Bibek Chaudhuri, J.)
