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Mitali Patra vs Soumak Patra on 6 February, 2020

1

06.02.2020

Mithun
List – S/L
Sl. No. 05
Ct. No. 17
C.O.214 of 2020

Mitali Patra

-Vs.-

Soumak Patra

Mr. Apurba Kumar Datta, Adv.

…for the petitioner.

Matrimonial Suit No.198 of 2019 pending before the Court of the learned
Additional District Judge, Baruipur, South-24-Parganas is sought to be transferred
at the instance of the wife/petitioner to the Court of the learned District Judge,
Paschim Burdwan invoking the provision of Section 24 of the Code of Civil
Procedure.

The petitioner has set out the following grounds in support of his prayer: –

(i) She has been residing at Hirapur at her paternal home after
advent of marital discord;

(ii) She has filed an application under Section 498A I.P.C. and other
cognate penal provisions and an applicat6ion under Section 125 of
the Criminal Procedure Code claiming maintenance. Both the said
criminal cases and the proceeding for maintenance are pending at
Asansol;

(iii) The opposite party has been contesting both the aforesaid cases at
Asansol Court.

Therefore, for the sake of convenience for both the parties, the matrimonial
suit may be transferred to Asansol. Having heard the learned Advocate for the
petitioner and on perusal of the application, I find that the petitioner has made
out an arguable case. Hence, the instant revision is admitted.

2

The 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 in Matrimonial Suit No.198 of 2019 presently pending before
the learned Additional District Judge, at Baruipur, South 24-Parganas till 6th
March, 2020.

(Bibek Chaudhuri, J.)

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