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Dr. Shnaoli Chakraborty vs Dr. Kunal Chakraborty on 14 March, 2019

1

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
2

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.
3

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.)

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