Calcutta High Court (Appellete Side)
Smt. Munmun Roy (Ghosh) vs Debasish Ghosh on 15 November, 2016
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 19. 15.11.2016
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 4191 of 2016 Smt. Munmun Roy (Ghosh)
-Vs.-
Debasish Ghosh Mr. Swapan Banerjee, Mr. Lalit Mondal ...for the petitioner In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner wife has prayed for, transfer of the Matrimonial Suit No. 764 of 2016 filed by the opposite party husband and pending before the Court of the learned Additional District Judge at Barrackpore, North 24-Parganas to any competent court at Asansol at Burdwan.
It is the case of the petitioner that after being compelled to leave the matrimonial home due to various physical and mental torture inflicted upon her by the opposite party and his family members, she is presently residing with her parents at Radhanagar Road, Burnpur in the district of Burdwan. She has lodged a complaint with the police authorities and a criminal proceeding under Sections 498A/323/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibitions Act and a further proceeding under Section 125 of the Code of Criminal Procedure against the opposite party is pending before the learned court at Asansol. The petitioner is facing great hardship to contest 2 the matrimonial suit by travelling the long distance between Burnpur and Barrackpore.
Having considered the facts of the case. I am satisfied that the petitioner has made out a prima face case for interim protection.
Accordingly, there shall be an interim order directing stay of all further proceedings in Matrimonial Suit No. 764 of 2016 (Debashis Ghosh vs. Smt. Munmun Roy), pending before the Court of the learned Additional District Judge at Barrackpore, North 24- Parganas till the disposal of this application.
The petitioner is directed to serve a copy of this application, together with a copy of this order on the opposite party by speed post with acknowledgement due.
Let this application appear, under the heading, "Contested Application under Section 24 C.P.C." on December 14, 2016.
The petitioner is directed to file an affidavit of service on the next date of hearing.
Urgent certified website copy of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.
(Ashis Kumar Chakraborty, J.)