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Smt. Anju Darjee @ Tekriwal vs Sri Nirmal Tekriwal on 16 January, 2020

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16.01.2020

suman 13
Ct.17
C.O. 159 of 2020

Smt. Anju Darjee @ Tekriwal
Vs.

Sri Nirmal Tekriwal

Mr. Arnab Saha
…for the petitioner

Mat. Suit No.189 of 2019 filed by the opposite party

for restitution of conjugal rights under Section 9 of the Hindu

Marriage Act is sought to be transferred by the

wife/petitioner to a Court of competent jurisdiction at

Alipurduar on the ground that the petitioner was driven out

from her matrimonial home and she was compelled to take

shelter at her paternal home within the jurisdiction of

Alipurduar. The petitioner filed three proceedings, one under

the provisions of Protection of Women from Domestic

Violence Act, the second one under Section 125 of the Code

of Criminal Procedure and the third one is a complaint under

Section 498A of the Indian Penal Code against the opposite

party. All the above mentioned three proceedings are

pending before the learned Judicial Magistrate, 2nd Court at

Alipurduar. Since most of the legal proceedings are pending
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at Alipurduar, the instant suit may also be transferred to a

Court of competent jurisdiction at Alipurduar and secondly,

the petitioner will suffer inconvenience to contest the said

matrimonial suit pending before the learned Principal Judge,

Family Court at Calcutta due to the distance to be travelled

by her.

Having heard the submission made by the learned

advocate for the petitioner and on perusal of the application I

find that the petitioner has been able to make out an

arguable case. Accordingly, the instant revision is admitted

hearing.

The petitioner is directed to serve notice upon the

opposite party under registered speed post with A/D within

one week from the date of this order and shall file affidavit of

service immediately on receipt of the postal return or postal

track report, whichever is earlier.

In the meantime, there shall be an order of stay of all

further proceedings in Mat. Suit No.189 of 2019 till 15th

March, 2020.

(Bibek Chaudhuri, J.)
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