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Smt. Srimoyee Dutta Gupta vs Sri Arunangshu Biswas on 5 July, 2019



Item No.3
Ct. No.22

C.O.2159 of 2019

Smt. Srimoyee Dutta Gupta

Sri Arunangshu Biswas

Mr. Sukanta Chakraborty,
Mr. Anindya Halder
…for the petitioner

This is an application under Section 24 of the Code of Civil

Procedure praying for transfer of Matrimonial Suit No.966 of

2019, now pending before the Learned Judge, Fast Track 5th

Court at Barasat, North 24 Parganas.

It is submitted by the learned advocate for the petitioner that

the instant matrimonial suit now pending at Barasat is nothing

but purely a harrasive one. The petitioner/wife has two other

cases pending at Alipore Court, one is under Section 125 Cr.P.C.

and another under Sections 498A/Section323/Section406/Section506/Section34 I.P.C.

It is further submitted that in both the cases husband has

entered his appearance, and the husband has been contesting

those two cases.

It is the case of the petitioner that she is the legally married

wife of opposite party for the marriage having held on 2nd March,

2012, under SectionSpecial Marriage Act, 1954. Few days after marriage,

matrimonial differences surfaced between the parties and as a

result of which the petitioner has been driven out from

matrimonial home after subjecting her to torture, cruelty and

oppression in the hands of her husband. It is given to understand

by the learned advocate for the petitioner that the learned court

below is about to proceed with the matrimonial suit, the date of

which, is fixed in the month of August, 2019.

Being neglected wife, the petitioner has already initiated

proceedings under Section 125 Cr.P.C. praying for maintenance,

wherein the husband has entered appearance and contesting the


Since petitioner was put to suffer cruelty in the hands of her

husband a separate criminal case under Section

498A/Section406/Section323/Section506/Section34 I.P.C. has already been filed against the

husband. After the institution of the two cases by the wife, the

husband has initiated a prayer for divorce at Barasat.

Upon consideration of the submissions, it appears that

petitioner has established a prima facie case justifying grant of

interim protection at least for a limited period of time.

Let there be an order directing stay of proceedings in

connection with Matrimonial Suit No.966 of 2019, now pending

before the Learned Judge, Fast Track 5th Court, Barasat, North

24 Parganas for a period of three weeks from hence.

Petitioner is directed to serve copy of this application upon o.p.

by Speed Post with Acknowledgement Due and to furnish

affidavit-of-service on the returnable date.

Matter to appear in the list, under the heading ‘Application’ ,

two weeks after.

(Subhasis Dasgupta, J.)

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