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Smt. Soma Gozi (Banerjee) vs Sri Prithwish Gozi on 8 August, 2019

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Item No. 6 In The High Court At Calcutta
Civil Revisional Jurisdiction
8.8.19
CO 1195 of 2019
Smt. Soma Gozi (Banerjee)
v.

Sri Prithwish Gozi

Mr. Gouranga Kumar Das,Adv.

… for the petitioner.

Mr. Ankit Agarwala,Adv.

Ms. Alotriya Mukherjee, Adv.

… for the opposite party.

The petitioner has prayed for transfer of Matrimonial Suit No. 92 of 2019

from the Court of the learned Additional District Judge, Serampore in the district

of Hooghly to the Court of the learned Additional District Judge, Baruipur within

the district of South 24-Parganas.

The reasons for transfer of the said suit are as follows:-

(a) The petitioner has been residing at her matrimonial home at

Narendrapur and the distance between Narendrapur and Serampore

is approximately 130 k.m. The petitioner will face inconvenience if

she is compelled to travel such distance to contest the said suit.

(b) The petitioner has a female child aged about three years. It is not

possible for the petitioner to leave her child to attend the Serampore

Court.

(c) The petitioner instituted two proceedings, one being a criminal case

under Section 498A/Section406/Section313 IPC which is now pending before the
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learned Additional Chief Judicial Magistrate, Baruipur. Another case

under the Protection of Women from SectionDomestic Violence Act, 2005

filed by the petitioner is also pending in the Court of the learned

Judicial Magistrate at Baruipur.

At the time of hearing, Mr. Ankit Agarwala, learned counsel for the opposite

party submits that the marriage between the parties was solemnized on March

10, 2010 according to Hindu Rites and Ceremonies. In the said wedlock, the

petitioner gave birth to a female child on January 1, 2016. The petitioner

allegedly has driven out from her matrimonial home on June 19, 2015.

Matrimonial suit as well as criminal proceeding were filed by the parties in 2019.

During the period between 2015 and 2019 till the institution of the suit/cases,

the parties tried to reconcile their dispute amicably.

It is also submitted by the learned counsel for the opposite party that

fathers of both the petitioner and the opposite party are reputed doctors and they

held their high posts in Medical Education Services in the department of Health

and Family Welfare, Government of West Bengal.

It is further submitted by the learned counsel for the opposite party that if

the parties are directed to appear before the Mediation Centre, High Court at

Calcutta, there may be a chance of reconciliation.

Mr. Gouranga Kumar Das, learned counsel for the petitioner has made two

alternative proposals. First process of reconciliation between the parties may also

be undertaken by the learned Additional District Judge, Baruipur after the

matrimonial suit being transferred. Secondly, if the petitioner is required to
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attend the Serampore Court, the opposite party may be directed to bear the cost

of transportation as well as other incidental costs to be incurred by the

petitioner.

Since the learned counsels for both the parties have urged that step for

reconciliation should be taken to save the marital tie between the parties, I am of

the view that the instant matter should be placed before the Mediation Centre,

High Court at Calcutta keeping the instant revision pending before this Court.

The parties are directed to approach the Mediation Centre, High Court at

Calcutta for reconciliation of their dispute through the Secretary, Mediation

Centre, High Court at Calcutta within a fortnight.

The matter will be listed for hearing after completion of the process of

mediation. The parties are at liberty to mention the matter as soon as the process

of mediation is over and also for any other direction, if necessary to facilitate the

process of reconciliation between the parties.

In the meantime, there shall be stay of all further proceeding in

Matrimonial Suit No. 92 of 2019 presently pending before the learned Additional

Chief Judicial Magistrate, Serampore in the district of Hooghly till the completion

of reconciliation process to be undertaken by the Mediation Centre, High Court at

Calcutta.

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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