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Smt. Moumita Nath @ Karmakar vs Sri Sanku Nath on 25 July, 2019

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25.07.2019

suman 06
Ct.25
C.O. 2369 of 2019

Smt. Moumita Nath @ Karmakar
Vs.

Sri Sanku Nath

Mr. Saptarshi Chakraborty
…for the petitioner

Matrimonial Suit No.103 of 2019 filed by the opposite

party praying for annulment of marriage in the Court of

learned District Judge, Baruipur, South 24 Parganas is sought

to be transferred by filing this application under Section 24 of

the Code of Civil Procedure by the petitioner to the Court of

the learned District Judge, Nadia at Krishnagar.

The petitioner pleaded that after marriage she was

physically and mentally tortured and finally driven out from

her matrimonial home. She took shelter at her paternal

home situated within the jurisdiction of Nadia. She also filed

an application under Section 125 of the Code of Criminal

Procedure against her husband which is now pending before

the learned Judicial Magistrate, 5th Court, Krishnagar. A

criminal proceeding under Section 498A I.P.C. and other

penal provisions are also pending against the opposite party
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before the learned Additional Chief Judicial Magistrate,

Krishnagar. In order to contest the suit, the petitioner would

have to travel a distance of about 155 kilometers in one way.

She has no source of income and if she is compelled to

contest the suit at Baruipur, she will suffer tremendous

financial hardship.

On perusal of the application, I find that the petitioner

has been able to make out an arguable case which should be

disposed of after notice to the opposite party.

Therefore, the instant revision is admitted for hearing.

The petitioner is directed to serve notice to the

opposite party under registered speed post with

acknowledgment due within one week from the date 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.103 of 2019 pending before the learned Additional District

Judge, Baruipur, South 24 Parganas till 20th August, 2019.

(Bibek Chaudhuri, J.)

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