1 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)