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Smt. Tumpa Gorai vs Sri Sandip Garai on 19 December, 2019



suman 16
C.O.4218 of 2019

Smt. Tumpa Gorai

Sri Sandip Garai

Mr. Arunava Ganguly
…for the petitioner

Matrimonial Suit No. 49/602 of 2019 filed by the

opposite party against the petitioner in the Court of the

learned Additional District Judge, 2nd Court, Purba

Bardhaman is sought to be transferred by filing the instant

application under Section 24 of the Code of Civil Procedure

by the wife/petitioner on the ground that marriage between

the parties was performed under SectionSpecial Marriage Act on 7th

March, 2014. In the said wedlock the petitioner gave birth to

a child who is now aged about four years. Except the

petitioner there is no other person to look after the said

child. After the birth of the child the relation between the

parties started deteriorating. The petitioner was compelled to

leave her matrimonial home. She made a complaint in Galsi

P.S. under Sections 498A/Section323/Section34 of the Indian Penal Code.

Two other proceedings, one under Section 125 of the Code

of Criminal Procedure and another under the Protection of

Women from SectionDomestic Violence Act are pending between the

parties at Asansol. The opposite party is contesting those

proceedings at Asansol. So, is the prayer of the above

mentioned matrimonial suit from Purba Bardhaman to

Paschim Bardhaman.

On perusal of the application and having heard the

submission made by the learned advocate for the petitioner I

find that the petitioner has been able to make out an

arguable case. Accordingly, the instant revision is admitted

for hearing.

The petitioner is directed to serve notice upon the

opposite party under registered speed post with A/D within

one week from the date of this order and shall file affidavit of

service immediately on receipt of the postal return or postal

track report, whichever is earlier.

In the meantime, there shall be an order of stay of all

further proceedings in Matrimonial Suit No.49/602 of 2019

till 31st January, 2020.

(Bibek Chaudhuri, J.)

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