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.)