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26.03.2019

Item No.49
Ct. No.22
CHC

C.O. 671 of 2019

Smt. Soumi Mukherjee
Vs.

Sri Manas Mukherjee

Mr. Debjit Mukherjee,
Ms. Susmita Chatterjee
…for the petitioner

Affidavit-of-Service filed by the petitioner/wife be kept on

record. The Affidavit-of-Service is supported by the copy of the

track report issued by the Postal Authority showing the item to

have been delivered to the addressee.

None appears on behalf of the opposite party/husband, though

the matter is appearing at the ‘To Be Mentioned’ stage.

The case of the petitioner/wife is that the o.p./husband has

filed a proceeding under Act-VIII registered as Misc.Case No.3 of

2018 as well as Misc.Case No.8 of 2018, in the court of learned

District Judge, Asansole, West Burdwan seeking custody of the

minor son. The ordinary residence of the child, for whom the

custody has been sought for, is submitted to be within the

jurisdiction of District Hooghly. The O.P./husband has

purposefully initiated this proceeding seeking custody filing the

same before the Court of the learned District Judge, Asansole,
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West Burdwan doing contravention of the provisions of the law,

as incorporated in Section 9 of the Guardians and Wards Act,

1890.

According to learned advocate for the petitioner/wife, the

learned court below is moving ahead fast fixing 28th March, 2019

for proceeding with this case expeditiously. Since a petition under

Section 24 of the Civil Procedure Code has been filed seeking

transfer of the pending case from Learned District Judge,

Asansole, West Burdwan to the court of Learned District Judge,

Hooghly, the Learned District Judge, Asansole, West Burdwan

should not have proceeded with the suit hastily and rather he

should have refrained from proceeding any further till the

disposal of the said application. Reliance may accordingly placed

on a decision reported in 1987 (Supp) Supreme Court Cases 48

delivered in the case of R. Aurnagiri and others versus C.

Ranganathan and others. Since the next date before the learned

court below has been fixed on 28.3.2019, an interim protection

is, thus, felt necessary in order to check the movement of the

court below.

Let there by an order directing stay of all further proceedings

in connection with Act-VIII Miscellaneous Case No.3 of 2018 as

well as Act-VIII Misc.Case No.8 of 2018, now pending before the
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Learned District Judge, Asansole, West Burdwan, for a period of

one month from hence.

The petitioner is directed to serve once again copy of this

application together with server generated copy upon the opposite

party by a registered post with Acknowledgement Due and to

furnish affidavit-of-service on the returnable date.

Matter to appear before the Regular Bench three weeks hence.

(Subhasis Dasgupta, J.)