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
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
List the matter on 5th September, 2019.
(Bibek Chaudhuri, J.)