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Judgments of Supreme Court of India and High Courts

(S.R.) Smt. Trisha Mandal (Roy) vs Sri Suman Roy on 2 May, 2017

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In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side
02.05.17
SL-14 C.O. No.1429 of 2017
(S.R.) Smt. Trisha Mandal (Roy)
v.
Sri Suman Roy

Mr. Bharat Chandra Simai … for the petitioner.

In this application under Section 24 of the Code of

Civil Procedure the petitioner/wife has prayed for,

transfer of the matrimonial suit filed by the opposite

party/husband and pending before the Court of the

Learned Additional District Judge at Durgapur, District-

Burdwan to the Court of the Learned Additional District

Judge, Barasat, District-North 24-Parganas.

It is the case of the petitioner that after being

compelled to leave the matrimonial home, she is presently

residing with her father at Basirhat. She has no

independent source of income or receiving any

maintenance from the opposite party/husband, an

employee of a nationalized bank. She will face great

hardship to contest the matrimonial suit by travelling the

long distance between her present residence at Basirhat
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to the Court of the Learned Additional District Judge at

Durgapur. She has lodged complaint against the

opposite party/husband under Sections 498A, 406, 323,

307, 506 and 34 of the Indian Penal Code and the

criminal proceeding against the husband is pending

before the Learned Additional Chief Judicial Magistrate,

Basirhat, District – North 24-Parganas. She has also filed

an application under Section 125 of the Code of Criminal

Procedure which is also pending before the Learned

Additional Chief Judicial Magistrate, Basirhat, District –

North 24-Parganas. The opposite party/husband is

contesting both the said criminal proceedings without any

difficulty. In view of the decision of the Supreme Court in

the case of Tejalben v. Mihirbhai Bharatbhai Kothari

reported in AIR 2016 SC 718, it is submitted on behalf of

the petitioner that the matrimonial suit should be

transferred to the Court of the Learned Additional District

Judge, Barasat, District – North 24-Parganas.

Having considered the averments made by the

petitioner in the application, I am satisfied that the

petitioner has made out a prima facie case for interim

protection.

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Accordingly, there shall be an interim order

directing stay of all further proceedings in matrimonial

suit no.498 of 2016 (Smt. Trisha Mandal (Roy) v. Sri

Suman Roy), pending before the Court of the Learned

Additional District Judge at Durgapur till the disposal of

this application.

The petitioner is directed to serve a copy of the

application, together with a copy of this order to the

opposite party/husband by speed post with

acknowledgement due.

Let this application appear under the heading

“Contested Application under Section 24 of CPC” on June

27, 2017. The petitioner shall file an affidavit of service

on the next date of hearing.

Certified website copies of the order, if applied for,

be urgently made available to the parties, subject to

compliance with all requisite formalities.

(Ashis Kumar Chakraborty, J.)

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