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Smt. Sreyashi Mukherjee … vs Sri Manasottam Bhattacharjee on 30 April, 2018

1

S/L 32
30.04.2018
Ct. No. 6
SD

C.O. 4239 of 2017

Smt. Sreyashi Mukherjee (Bhattacharjee)
Vs.
Sri Manasottam Bhattacharjee.

Mr. Chittapriya Ghosh
Ms. Priyanka Saha
… for the Petitioner.

Affidavit of service filed in Court today be taken on record.

Despite service no one appears to contest this matter.

This is an application praying for transfer of Matrimonial Suit No.295 of 2017 from

the Court of learned District Sessions Judge, Bankura to the Court of learned District

Sessions Judge, Birbhum at Suri.

In support of such prayer for transfer, the petitioner has made out a case in the

petition that it is the admitted position as per the averment made in Section 9 application

filed by the husband for restitution of conjugal rights that the marriage was solemnized on

09.07.2012 at the parental house of the respondent/wife at Suri.

It has been stated in the petition that the petitioner was driven out from her

matrimonial home and subjected to physical and mental torture which made the

petitioner to file a proceeding under Section 498A/34 of the Indian Penal Code being

Mejia Police Station Case No.72 of 2017 which is at present pending in a Court within the

District of Bankura. According to the petitioner, she has also filed a case under Section 12

of the Protection of Women from Domestic Violence Act, 2005 which is currently pending

before the Chief Judicial Magistrate, Birbhum at Suri. The said proceeding is contested by

the husband.

Having regard to the aforesaid facts disclosed in the petition, I am, prima facie,

satisfied that the petitioner has been able to make out a good case in support of the prayer

of transfer. Let there be a stay of all further proceedings in Matrimonial Suit No.295 of

2017 pending before the learned District Sessions Judge, Bankura for a period of 8

weeks from date or until further order whichever is earlier with liberty to pray for

extension.

2

Since no one has entered appearance on behalf of the opposite party, the petitioner

is directed to communicate this order both to the learned Court below through her learned

Advocate conducting the case on her behalf in the Court below and also to the opposite

party.

Let this matter appear in the list three weeks after summer vacation under the

heading “Motion”.

(Sahidullah Munshi, J.)

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