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Smt.Maya Rani Hembram (Saren) vs Sri Krishna Saren on 14 November, 2019



List – S/L
Sl. No. 05
Ct. No. 25
C. O. 3614 of 2019

Smt.Maya Rani Hembram (Saren)


Sri Krishna Saren

Mr. Ramkrishna Bhattacharyya, Adv.,
Mr. Sabyasachi Hazra, Adv.,
Mr. Kaushik Chowdhury, Adv.,
…for the petitioner.

In a proceeding under Section 24 of the Code of Civil Procedure, the
wife/petitioner has prayed for transfer of Matrimonial Suit No. 814 of 2019
from the Court of the learned Additional District Judge, Paschim Medinipur to a
Court of competent jurisdiction at Bankura on the following grounds: –

(a) The petitioner on being driven out from her matrimonial home, has
been residing at her paternal home at Bankura;

(b) The petitioner has a seven years old child who is being looked
after and maintained by her;

(c) The opposite party/husband has filed a proceeding under Section
25 of the Guardians and SectionWards Act praying for custody of the
minor child of the petitioner before the learned District Judge,
Bankura and he is regularly contesting the said proceeding;

(d) The petitioner will face inconvenience if she is compelled to attend
the Court of the learned Additional District Judge, Paschim
Medinipur to contest the suit.


Having heard 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. The petitioner is
directed to serve notice upon the opposite party within one week from the
date of this order under registered speed post with acknowledgement due and
shall file affidavit-of-service immediately on receipt of postal return.

The petitioner is at liberty to mention the matter for listing on
completion of the above formalities regarding service of notice upon the
opposite party.

There shall be an interim order of stay of all further proceedings in
Matrimonial Suit No. 814 of 2019 pending before the learned Additional
District Judge at Paschim Medinipur till 15th December, 2019.

(Bibek Chaudhuri, J.)

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