C.O. 2369 of 2019
Smt. Moumita Nath @ Karmakar
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
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
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.)