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Smt. Debalina Das (Saha) vs Dr. Soumya Saha on 25 April, 2017

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25.04.17
28/skp
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE

C.O. 831 of 2017

Smt. Debalina Das (Saha)

-vs.-

Dr. Soumya Saha

Mr. Angshuman Chakraborty,
Mr. Shivaji Mitra,
Ms. Aiswaraya Roy …. For the petitioner.

Mr. Uday Shankar Chattopadhyay,
Mr. Suman Chattopadhyay … for the opposite party.

In this application under Section 24 of the Code of Civil Procedur, 1908 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 Addl. District Judge, 1st Court at Barasat, North 24-Parganas to

the Court of the learned District Judge, Hooghly at Chinsurah.

Being prima facie satisfied that the case made out by the petitioner on March 21, 2017,

this Court passed an interim order directing stay of all further proceedings in the matrimonial

suit pending before the Court of the learned Additional District Judge, 1st Court at Barasat, North

24-Parganas, till the disposal of this application.

A copy of the application together with the copy of the order dated March 21, 2017 were

served upon the opposite party and Mr. Uday Shankar Chattopadhyay appeared for the opposite

party.

It is the case of the petitioner that she is facing great hardship to travel the long distance

between her present residence at Bandel and the Court of the learned Additional District Judge,

1st Court at Barasat, North 24-Parganas. The petitioner has filed two criminal proceedings against

the opposite party, the first one under Section 125 of the Criminal Procedure Code and the other

for an offence under Section 498A of the Indian Penal Code, which are pending before the learned
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Additional Judicial Magistrate at Chinsurah, Hooghly and the opposite party is contesting the

said proceedings without any difficulty. Relying upon the decision of the Supreme Court in the

case of Tejal Ben vs. Mihir Bhai Bharat Bhai Khothari, reported in 2016 SC 718, it is submitted

when the said criminal proceedings are pending before the learned Additional Judicial Magistrate

at Chinsurah, it is a fit case for transfer of the matrimonial suit from the Court of the learned

Additional District Judge, 1st Court at Barasat to the Court of the learned District Judge, Hooghly

at Chinsurah.

It is submitted on behalf of the opposite party that the petitioner had appeared before the

learned Additional District Judge, 1st Court at Barasat, North 24-Parganas and the next date of

hearing of the suit has been fixed for framing of the issues. It is further submitted by Mr. Uday

Shankar Chattopadhyay that the opposite party is paying Rs. 15,000/- to the petitioner on

account of litigation cost and as per the order passed in the application under Section 125 of the

Cr.P.C. by the learned Chief Judicial Magistrate, Chinsurah, the opposite party is paying Rs.

15,000/- per month. He further submitted that the petitioner is presently posted as the Medical

Officer of the Govt. of West Bengal, Lalgola in the district of Murshidabad.

Having considered the facts of the case and in view of the decision of the Supreme Court

in the case of Tejal Ben (supra) cited by the petitioner, I find that the petitioner has substantiated

the ground for transfer of the matrimonial suit, as prayed for in this application.

Accordingly, the Matrimonial Suit No. 99 of 2015 [Dr. Soumya Saha vs. Smt. Debalina

Das (Saha)] is withdrawn from the Court of the learned Additional District Judge, 1st Court at

Barasat, North 24-Parganas and the same is transferred to the Court of the learned District

Judge, Hooghly at Chinsurah.

The learned District Judge at Barasat, North 24-Parganas is directed to forthwith transmit

all the records of the Matrimonial Suit No. 99 of 2015 [Dr. Soumya Saha vs. Smt. Debalina Das

(Saha)] to the Court of the learned District Judge, Hooghly at Chinsurah.

The learned District Judge, Hooghly may assign the matrimonial suit to the Court of any

learned Additional District Judge at Chinsurah having determination to entertain the matrimonial

suit.

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As prayed for by the parties, the learned transferee Court is requested to expeditiously

dispose of the matrimonial suit preferably within the period eight months from the date of receipt

of the records of the matrimonial suit, without granting any unnecessary adjournment to either of

the parties.

The C.O. 831 of 2017 stands allowed.

There shall be no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties

upon compliance of all requisite formalities.

(Ashis Kumar Chakraborty, J.)

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