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Smt. Aarshi Agarwal vs Sri Adarsh Agarwal on 1 August, 2019

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01.08.19

Srimanta
List – S/L
Sl. No. 05
Ct. No. 25
C.O. 2428 of 2019

Smt. Aarshi Agarwal

-Vs.-

Sri Adarsh Agarwal

Mr. Ashok Kumar Singh, Adv.,
Ms. S. Chakraborty, Adv.

…for the petitioner.

The wife/petitioner has prayed for transfer of Matrimonial Suit No. 308 of
2019 from the 3rd Court of Additional District Judge, South 24-Parganas at
Alipore to the Court of the learned Additional District Judge at Siliguri in the
district of Darjeeling on the ground that after being driven out from her
matrimonial home, she has been staying at her paternal home at Siliguri.
Distance between Siliguri and Alipore is about 675 K.Ms. It is not possible to
travel such long distance alone by the petitioner. Moreover, she filed an F.I.R.
against her husband and other matrimonial relations under Section 498A of
the Indian Penal Code along with other penal provisions which is now pending
before the learned Additional Chief Judicial Magistrate, Siliguri. Another
proceeding under Section 12 of the Protection of Women for SectionDomestic Violence
Act is also pending in Siliguri. The petitioner has prayed for transfer of the
above-mentioned matrimonial suit on the grounds of distance of the Trial
Court from her present residence and pendency of criminal cases at Siliguri.

Prima facie, I find that the petitioner has been make out an arguable
case which should be disposed of in presence of the opposite party.

Accordingly, the revisional application is admitted for hearing.

The petitioner is directed to serve notice to the opposite party under
registered speed post with acknowledgement due within one week from the date
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of this order and also to file affidavit of service within two weeks from the date of
receipt of the postal returns.

Liberty to mention.

On the prayer of the petitioner, let there be an interim order of stay of all
further proceedings of Matrimonial Suit No. 308 of 2019 pending before the Court
of learned 3rd Additional District Judge, South 24-Parganas till 31st August, 2019.

(Bibek Chaudhuri, J.)

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