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February 25,
2019
R.C.
C.O. 2913 OF 2018
Malati Pan Middya
@ Puja Pan Middya
Vs.
Totan Pan
—
Mr.Suddhadev Adak
Ms. Arpita Mondal,
…for Petitioner
Affidavit of service filed in Court today be taken on record.
Despite service, no one appears when the matter is taken up for
hearing.
Leave is granted to the petitioner to correct the cause title.
This is an application under section 24 of the Code of Civil
Procedure seeking transfer of matrimonial suit no. 469 of 2018,
currently pending before the learned District Judge, Paschim
Medinipur. In support of the prayer for transfer, the petitioner
has primarily made out two grounds ,namely, a 498A proceeding
is pending in a Court at Arambagh and the other is a
Maintenance proceeding being no.93 of 2018 under section 125
of the Criminal Procedure is pending before the learned
Additional Chief Judicial Magistrate, Arambagh, Hooghly.
Learned advocate for the petitioner submits that she has been
driven out from the matrimonial home and is presently residing
with her parents at Arambagh. Since the other proceedings are
pending in Arambagh Court, the petitioner seeks transfer for the
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matrimonial suit before any Court at Arambagh. Although,
nothing has been shown before this Court whether the
Maintenance proceeding is being contested by the husband nor
has it been shown the stage of the said Maintenance proceeding,
but admittedly, a proceeding under Section 498A I.P.C. is
pending before the learned Additional Chief Judicial Magistrate at
Arambagh, there is no doubt that the petitioner has to appear
before the concerned Court on the dates fixed. I am prima facie
satisfied that the petitioner has made out a case for interim
protection.
Let all further proceeding of matrimonial suit no.499 of
2018, pending before the learned District Judge, Paschim
Medinipur be stayed for a period of six weeks from date with
liberty to pray for extension upon notice.
Since no one has entered appearance before this Court,
learned advocate for the petitioner is directed to communicate
this order both to the opposite party and also to the learned
Court below through the petitioner’s learned advocate conducting
her cases in the Court below.
Let this matter appear four weeks hence as a ‘contested
application.’
(SAHIDULLAH MUNSHI, J. )
