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Smt. Pallabi Saha vs Sri Joydip Saha on 13 August, 2019


suman 3
C.O. 1252 of 2019

Smt. Pallabi Saha
Sri Joydip Saha

Mr. Srijib Chakraborty
Ms. Sudeshna Basu Thakur
…for the petitioner

Mr. Swapan Banerjee
Mr. Kunal Ganguly
…for respondents

Affidavit of service be kept with the record.

Matrimonial Suit No.531 of 2018 is filed by the

husband /opposite party against the petitioner praying for

dissolution of marriage by a decree of divorce in the 1st Court

of the learned Additional District Judge at Serampore.

The petitioner by filing the instant application under

Section 24 of the Code of Civil Procedure has prayed for

transfer of the said suit from Serampore to the Court of the

learned District Judge, South 24 Parganas at Alipore. It is

pleaded by the petitioner that the petitioner is now residing

at Haridevpur. If the petitioner is compelled to travel from

Haridevpur to Serampore, it would take about three hours in

one way which is absolutely inconvenience on her part and

such inconvenience also cannot be compensated by cost.

In course of argument it is submitted by the learned

counsel for the petitioner that the petitioner has not filed any

other proceeding in any other Court in the nature of a

compliant under Section 498A of the Indian Penal Code or

other penal provisions or applications under Section 125 of

the Code of Criminal Procedure or Section 12 read with other

cognate provisions under the Protection of Women from

SectionDomestic Violence Act. It is also submitted by the learned

counsel for the petitioner that after filing of the suit for

divorce, a discussion was held between relatives and family

members of both the parties. Petitioner also wants to get rid

of the present marital relation provided the opposite party

returns her ‘stridhan’ properties.

In view of such submission made by the learned

advocate for the petitioner, I refrain myself from passing

final order in the instant proceeding. The petitioner is

directed to file a supplementary affidavit within a fortnight

narrating the above facts and terms and conditions on the

basis of which some amicable settlement may be arrived at.

If the future course of events appears to be accepted by both

the parties, the prayer of the petitioner will be considered on

the next date of hearing.


Since there may be a chance of settlement of the

dispute amicably, I am not going to pass any order of stay of

further proceedings in Matrimonial Suit No.531 of 2018.

However, the petitioner is at liberty to pray for adjournment

in the Court below on the next date of hearing stating the

development in the instant proceeding and praying for

adjournment. If such prayer is made by the petitioner in the

Court below, the Presiding Officer will consider such prayer

according to law taking into consideration the development

stated hereinabove.

List the matter on 5th September, 2019.

(Bibek Chaudhuri, J.)

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