C.O. 671 of 2019
Smt. Soumi Mukherjee
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,
West Burdwan doing contravention of the provisions of the law,
as incorporated in Section 9 of the Guardians and Wards Act,
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
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
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.)