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Kakuli Ghosh (Nandi) vs Sri Pratap Chandra Ghosh on 16 January, 2019

1

16.01.19

Srimanta
List – S/L
Sl. No. 34
Ct. No. 06
C.O. 1407 of 2018

Kakuli Ghosh (Nandi)

-Vs.-

Sri Pratap Chandra Ghosh

Mr. Sujay Sarkar.

…for the petitioner.

This is an application under Section 24 of the Code of Civil Procedure at the
instance of the wife/petitioner seeking transfer of Matrimonial Suit No. 12 of 2017
pending before the learned Additional District Judge at Katwa.

In support of the prayer for transfer of the said matrimonial suit the
petitioner has made out a case that although marriage between the petitioner and
the husband was solemnized on 2nd December, 2011 according to Hindu Rites and
Customs and out of their wedlock a female child was born on 18th February, 2013,
they could not reside together owing to matrimonial discord which ultimately led
to a criminal proceeding under Section 498A of the Indian Penal Code. The
petitioner under compulsion has been residing with her parents at the parental
house at Bolpur.

It is on record that the husband exerted physical and mental torture on the
wife even during her pregnancy. It is stated in the petition that there is a
proceeding under Section 125 of the Code of Criminal Procedure which is now
pending before the learned Judicial Magistrate, 2nd Court, Bolpur and an interim
maintenance has been granted, which according to the petitioner, is also not
being complied with by making a regular payment. That apart, according to the
petitioner, a proceeding under Domestic Violence Act, 2005 registered as Misc.
Case No. 170 of 2017 at the instance of the wife is also pending before the
learned Additional Chief Judicial Magistrate, Bolpur which is pending and being
contested by the husband by filing written objection.

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Having regard to the pendency of the other proceedings at Bolpur those are
being contested by the husband, this Court deems it proper that the matrimonial
suit may also be transferred to a Court at Bolpur so that it can be more
convenient for both the parties to conduct their respective proceedings at Bolpur.

In such view of the matter this application under Section 24 is disposed of
by directing withdrawal of Matrimonial Suit No. 12 of 2017 and by directing
transfer of the same to the learned Additional District and Sessions Judge at
Bolpur in the district of Birbhum.

The learned Transferee Court shall issue notice to both the parties after
receipt of the records pertaining to the matrimonial suit and thereafter to proceed
with the same in accordance with rules and the procedure.

Since no one appears the petitioner is directed to communicate the order in
the learned Court below.

(Sahidullah Munshi, J.)

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