Calcutta High Court (Appellete Side)
Smt. Arkabrati Singha (Neogi) vs Soujit Singha on 9 March, 2016
1 .03. 2016 CO No. 3723 of 2015 Smt. Arkabrati Singha (Neogi) v.
Soujit Singha Mr. Partha Pratim Roy ... 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 Miscellaneous Case (Act VIII) No. 10 of 2015 (4/2015) filed by her before the Court of the learned District Judge at Jalpaiguri, claiming custody of the minor son aged about five years who is presently residing with the opposite party to any other Court.
The principal ground urged by the petitioner in this application is that since the opposite party is an advocate practising in the Courts at Jalpauguri, she is not getting any advocate to represent her in the said miscellaneous case. Further she is also facing difficulty to travel the long distance of 400 kilometers between her present residence at Birbhum and Jalpaiguri.
Being prima facie satisfied with the grounds urged by the petitioner on December 1, 2015 this Court passed an ad interim order directing stay of all further proceedings in Miscellaneous Case (Act VIII) No. 10 of 2015 (4/2015) pending before the Court of the learned District Judge, Jalpaiguri till December 24,2015. The petitioner was directed to serve a copy of this application on the opposite party. On January 13,2016 when this application was taken up for hearing the petitioner filed an affidavit-of-service wherefrom it appeared that the postal department has returned the envelope containing the application and the order passed by this Court on December 1,2015 with an endorsement "
Unclaimed". The learned Registrar(Administration) of this Court was requested to 2 communicate the order dated January 13,2016 to the learned District Judge, Jalpaiguri through the Special Messenger. By the said order this Court further allowed the petitioner to deposit the Special Messenger costs for service of the application upon the opposite party.
In the report of the learned Registrar (Administration) it appears that the order dated January 13,2016 was communicated to the learned District Judge, Jalpaigury.
In the report of the Assistant Registrar-VI-in-Charge of this Court dated February 16,2016 it is stated that a copy of this application was forwarded to the opposite party by Special Messenger but the same has been returned by the Special Messenger with the endorsement "that the addressee was not available at the time of service." However, from the envelope returned by the Special Messenger it is evident that the sealed envelope was tampered with and opened.
The learned Registrar (Administration) is directed to seek for an explanation from the Special Messenger, and if necessary, to forthwith take up the matter with the learned District Judge, Jalpaiguri.
Let, the learned Registrar (Administration) file his report before this Court on March 30, 2016, when the application will appear under the same heading.
(Ashis Kumar Chakraborty, J.) 3