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Judgments of Supreme Court of India and High Courts

Smt. Pousithi Saha vs Sri Bhaskar Saha on 8 August, 2019

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Item No.23 In The High Court At Calcutta
Civil Revisional Jurisdiction
8.8.19
CO 1268 of 2019
Smt. Pousithi Saha
v.

Sri Bhaskar Saha

Mr. Bhabani Prasad Mondal, Adv.

Mr. Sukanta Mondal,Adv
… for the petitioner.

Affidavit-of-service filed on behalf of the petitioner showing service of notice

upon the opposite party be kept with the record.

In spite of service of notice, the opposite party prefers to remain absent.

Therefore, the instant application under Section 24 of the Civil Procedure Code,

1908 is taken up for hearing ex parte.

Before dealing with the factual background which prompted the petitioner

to file the instant application under Section 24 of the Civil Procedure Code, 1908,

it is necessary to bring on record that the opposite party/husband filed

Matrimonial Suit No. 145 of 2015 before the learned Additional District Judge,

3rd Court at Barrackpore against the petitioner for dissolution of marriage by a

decree of divorce. The petitioner filed an application under Section 24 of the Civil

Procedure Code praying for transfer of the said suit to the Court of the learned

District Judge, South 24-Parganas at Alipore. The said proceeding before this

Court being CO No. 2698 of 2015 was allowed by an order dated September 1,

2015. Accordingly, the matrimonial suit was transferred to the Court of the

learned District Judge, South 24-Parganas at Alipore. Subsequently, the opposite
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party filed Misc. Case No. 15 of 2015 praying for custody of his minor child in the

Court of the learned Additional District Judge, Barrackpore, North 24-Parganas.

The petitioner again approached this Court by filing CO No. 18 of 2016 praying

for transfer of the said misc. case to a Court of competent jurisdiction at Alipore,

South 24-Parganas.

Considering the hardship of the petitioner a coordinate Bench of this Court

disposed of CO No. 18 of 2016 directing transfer of the said misc. case to the

Court of the learned Additional District Judge at Alipore to be decided by the

learned District Judge, South 24-Parganas at Alipore.

Again the opposite party filed Misc. Case No. 254 of 2018 under Section 25

of the Guardians and SectionWards Act, 1890 read with Section 6 of Hindu Minority and

SectionGuardianship Act, 1956 seeking custody of their minor child from the petitioner.

The petitioner has again come up before this Court praying for transfer of the

said misc. case to a Court of competent jurisdiction at Alipore.

In the instant proceeding the petitioner has pleaded hardship which was

already taken care of and found in favour of the petitioner in two other

proceedings under Section 24 of the Civil Procedure Code described hereinabove.

As the matrimonial suit and the Misc. Case No. 15 of 2015 are pending at

Alipore for convenience of both the parties the instant Misc. Case No. 254 of

2018 also be transferred to Alipore, South 24-Parganas.

For the reasons stated above, Misc. Case No. 254 of 2018, now pending in

the Court of the learned Additional District Judge, Fast Track, 3rd Court
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Barrackpore be transferred to the Court of the learned Additional District Judge,

Alipore, South 24-Parganas.

The learned District Judge at Alipore, South 24-Parganas is directed to

allot Misc. Case No. 254 of 2018 to any of the Courts of the learned Additional

District Judge posted at Alipore according to his/her administrative convenience.

Department is directed to send a copy of this order to the learned District

Judge, North 24-Parganas at Barasat, the learned District Judge at Alipore,

South 24-Parganas and the learned Additional District Judge, Fast Track, 3rd

Court at Barrackpore for information and compliance of this order.

CO No. 1268 of 2019 is, thus, disposed of. However, without any order as

to costs.

Urgent photostat certified copy of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

sh ( Bibek Chaudhuri, J.)

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