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Smt. Pritha Chowdhury vs Sri Tamaghna Chowdhury on 13 February, 2020

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13.02.2020

Srimanta
List – S/L
Sl. No. 13
Ct. No. 17
C. O. 495 of 2020

Smt. Pritha Chowdhury

-Vs.-

Sri Tamaghna Chowdhury

Mr. Angshuman Chakraborty, Adv.,
Mr. Shashanka Sekhar Saha, Adv.

…for the petitioner.

This is an application under Section 24 of the Code of Civil Procedure
filed by the wife/petitioner praying for transfer of Matrimonial Suit No. 2607 of
2019 instituted by her husband/opposite party herein before the learned
District Judge at Barasat, North 24-Parganas to the Court of the learned
District Judge, South 24-Parganas at Alipore.

It is stated by the petitioner that her marriage was solemnized with the
opposite party on 6th May, 2007. In the said wedlock, the petitioner gave birth
to a female child on 11th November, 2010 who is now aged about nine years.
The petitioner was tortured both physically and mentally on demand of dowry
and, therefore, she has filed a complaint before the Officer-in-Charge, Dum
Dum Police Station against the opposite party under Sections
498A/323/506/34 of the Indian Penal Code read with Sections 3 and 4 of the
Dowry Prohibition Act. The petitioner has also filed an application under
Section 125 of the Code of Criminal Procedure before the learned Additional
Chief Judicial Magistrate at Alipore. She has also filed another proceeding
under the Protection of Women from Domestic Violence Act before the learned
9th Judicial Magistrate at Alipore. Since other proceedings between the parties
are pending at Alipore and the distance between Alipore and Barasat is 70
K.Ms. and the petitioner will face inconvenience to travel such distance on
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each and every date when the suit will be fixed for hearing, she has prayed for
transfer of the said matrimonial suit.

On perusal of the application and having heard the learned Advocate for the
petitioner, I find that the petitioner has been able to make out a prima facie case
which should be disposed of serving notice upon the opposite party.

Accordingly, the revisional application is admitted for hearing.

The petitioner is directed to serve notice to the opposite party under
registered speed post with acknowledgement 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. 2607 of 2019 pending in the Court of
the learned District Judge at Barasat, North 24-Parganas till 30th March, 2020.

(Bibek Chaudhuri, J.)

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