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Judgments of Supreme Court of India and High Courts

L vs Sri Mintu Dey on 5 December, 2019



List – S/L
Sl. No. 10
Ct. No. 17
C.O. 3898 of 2019

Ritu Dey (Das)


Sri Mintu Dey

Mr. Kallol Kumar Bose, Adv,
Ms. Sharmistha China, Adv.

…for the petitioner.

The instant application under Section 24 of the Code of Civil Procedure filed
by the wife/petitioner praying for transfer of Matrimonial No.175 of 2019 filed by
the husband/opposite party in the Court of the learned District Judge, Hooghly
under Section 9 of the Hindu Marriage Act on the ground that the petitioner filed a
proceeding under Section 125 of the Code of Criminal Procedure which is pending
before the learned C.J.M., Barasat.

Another proceeding under Section 498A of the Indian Penal Code is also
pending before the learned Chief Judicial Magistrate at Barasat. In both the
proceedings, the opposite party has appeared. On such grounds, the instant
application has been filed for transferring the aforesaid Matrimonial Suit from the
Court of the learned District Judge, Hooghly to the Court of the learned District
Judge, North 24 Parganas at Barasat for convenience of the parties.

The petitioner has been able to make out an arguable case. Accordingly,
the instant revision is admitted.

Petitioner is directed to serve notice upon the opposite party under
registered post with A/D within one week from the date of this order and shall file
affidavit of service immediately on receipt of the postal return or postal track

report, whichever is earlier in the meantime, there shall be an order of stay of all
further proceedings till 31st December, 2019.

The instant matter is returnable on 3rd January, 2020.

(Bibek Chaudhuri, J.)

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