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Smt. Saugata Bose ( Nandi) vs Sri Joydeep Bose on 28 March, 2017

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                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL REVISONAL JURISDICTION
                             APPELLATE SIDE
8.03.17

sh

CO 414 of 2017
Smt. Saugata Bose ( Nandi)
v.

Sri Joydeep Bose

Mr. Partha Pratim Roy
Mr. Debasish Mukhopadhyay
…. for the petitioner.

In this application under section 24 of the Code of Civil Procedure, 1908

the petitioner wife has prayed for, transfer of the Act VIII Case No. 130 of 2016,

pending before the Court of the learned Additional District Judge, 15th Court at

Alipore to the Court of the learned District Judge, Jalpaiguri.

Being prima facie satisfied with the case made out by the petitioner in this

application on February 21, 2017 this Court passed an interim order directing

stay of all further proceedings of Act VIII Case No. 130 of 2016, pending before

the Court of the learned Additional District Judge, 15th Court at Alipore till the

disposal of this application.

The petitioner was directed to serve a copy of this application, together with

a copy of the order dated February 21, 2017 to the opposite party by Speed Post

with A/D. From the affidavit-of-service filed on behalf of the petitioner it appears

that copy of the revisional application, together with a copy of the order dated

February 21, 2017 passed by this Court was forwarded to the opposite party at
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the address mentioned by himself in the matrimonial suit and he has received

the same. Let, the said affidavit-of-service filed on behalf of the petitioner be kept

on record. However, none appears on behalf of the opposite party to oppose this

application.

In these circumstances, this application is taken up for hearing in the

absence of the opposite party.

The grounds urged by the petitioner in this application is that after being

compelled to leave the matrimonial home in Kolkata, she along with her minor

daughter are residing at Jalpaiguri. The minor daughter is studying in a school

at Jalpaiguri. She faced great hardship to contest the proceeding before the

learned Additional District Judge, Alipore by travelling the long distance between

Jalpaiguri and Kolkata. When the minor daughter is residing with her for some

time at Jalpaiguri, the petitioner has also challenged the jurisdiction of the Court

of the learned Additional District Judge at Alipore to entertain the application

filed by the opposite party under Section 25 of the Guardians and Wards Act,

1890. The aforementioned ground urged by the petitioner remains

uncontroverted by the opposite party.

Having considered the facts of the case, I am satisfied that the petitioner

has substantiated the ground for obtaining transfer of the matrimonial suit as

prayed for in this application.

Accordingly, the Act VIII Case No. 130 of 2016 [Sri Joydeep Bose v. Smt.

Saugata Bose(Nandi)] is withdrawn from the Court of the learned Additional
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District Judge, 15th Court at Alipore and the same is transferred to the Court of

the learned District Judge, Jalpaiguri.

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

forthwith transmit all the records of the Act VIII Case No. 130 of 2016 [Sri

Joydeep Bose v. Smt. Saugata Bose(Nandi)] to the Court of the learned District

Judge at Alipore, South 24 Parganas.

With the above directions, CO 414 of 2017 stands allowed. However, there

shall be no order as to costs.

Certified website copies of the order, if applied for, be urgently made

available to the parties on usual undertaking.

(Ashis Kumar Chakraborty,J)

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