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Smt. Anindita Sing @ Goswami vs Sri Raj Kumar Sing on 6 February, 2020

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06.02.2020

Srimanta
List – S/L
Sl. No. 13
Ct. No. 17
C. O. 347 of 2020

Smt. Anindita Sing @ Goswami

-Vs.-

Sri Raj Kumar Sing

Mr. Raju Mondal, Adv.

…for the petitioner.

Matrimonial Suit No. 686 of 2019 pending before the learned Additional
District Judge, 7th Court at Barasat is sought to be transferred to the Court of
the learned District Judge, Murshidabad at Berhampore on the ground that as
a result of marital discord the petitioner has been residing separately from her
husband at Berhampore. She has filed a criminal case under Section 498A
and other cognate penal provisions at Berhampore. She also filed an
application under Section 125 of the Code of Criminal Procedure praying for
maintenance for herself and her minor son which is registered as Maintenance
Case No. 417 of 2019 and pending before the learned Chief Judicial
Magistrate, Berhampore, Murshidabad. The distance from Berhampore to
Barasat is about 200 K.Ms. in one way. It is not possible for the petitioner
leaving her minor son to contest the suit at Barasat. So is the prayer for
transfer.

On perusal of the application and having heard the learned Advocate for the
petitioner, I find that the petitioner has been able to make out a prima facie case
which should be disposed of serving notice upon 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 one week from the date of
receipt of the postal returns.

On the prayer of the petitioner, let there be an interim order of stay of all
further proceedings of Matrimonial Suit No. 686 of 2019 pending in the Court of
the learned Additional District Judge, 7th Court, Barasat till 6th March, 2020.

(Bibek Chaudhuri, J.)

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