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Smt. Amrita Deb (Ghosh) vs Sri Soumitra Deb on 20 June, 2019



Item no. 23

D.D CO 1868 of 2019

Smt. Amrita Deb (Ghosh)
Sri Soumitra Deb

Ms. Sanghita Chatterjee
Mr. Subhendu Das
… … For the Petitioner

The instant revisional application arises out of a petition under
section 24 of the Code of Civil Procedure (here after CPC) filed by the
wife/petitioner against her husband/opposite party praying for transfer of
matrimonial suit no. 44 of 2017 presently pending before the Court of
learned Additional District Judge, Chandannagar to the Court of Learned
Additional District Judge, 2nd Court at Uluberia.

It is pleaded by the petitioner that her marriage with the opposite
party was solemnized on 18th January, 2015 according to Hindu rites and
customs. After marriage she went to her matrimonial home. However,
the petitioner works as a teacher in a Government aided school at
Bagnan in the district of Howrah. For the purpose of her employment she
resides at Uluberia in the district of Howrah. After marriage, the opposite
party offers her to purchase a flat at Uluberia which the petitioner denied,
resulting in matrimonial dispute between the parties. It is also alleged by
the petitioner that the opposite party physically assaulted her and
attempted to commit her murder. On the basis of a complaint filed by
the petitioner a criminal case under Sections 498A/Section406/Section307/Section506/Section34 IPC

has been registered against the opposite party and the same is pending
at Uluberia. The petitioner has also initiated a proceeding under Section
12 of the Protection of Women for SectionDomestic Violence Act at Uluberia.
According to the petitioner, if she is compelled to attend Chandannagar
Court from Uluberia, she will have to travel for 4/5 hours a day. It will toll
upon her financial condition as well as health.

On perusal of the petition and having heard submissions made by
the learned advocate for the petitioner, I am prima facie satisfied that the
petitioner has been able to make out a case which ought to be disposed
of after hearing the opposite party. Therefore, the instant revision is
admitted for hearing. The petitioner is directed to serve notice of the
instant proceeding under registered speed post with A.D within two
weeks from the date of this order and shall also file affidavit-of-service
within one week from the date of service of the notice upon the opposite

Matter to appear as contested application in the monthly list of
August, 2019.

The petitioner has prayed for stay of further proceeding of
Matrimonial Suit no. 44 of 2017.

Since the instant revision is admitted, let there be an order of stay
of further proceeding of the above-mentioned matrimonial suit till 1st
August, 2019.

[Bibek Chaudhuri, J.]

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