Calcutta High Court (Appellete Side)
Sonia Mondal vs Surojit Balmiki on 10 January, 2023
S/L 202 10.01.2023
Court No.652 SD CO 69 of 2023 Sonia Mondal Vs. Surojit Balmiki Mr. Snehansu Majumder ... for the Petitioner.
This is an application under Section 24 of the Code of Civil Procedure at the instance of the petitioner seeking transfer of Matrimonial Suit No.1379 of 2022 presently pending before the Court of learned Additional District Judge, 3rd Court, Barrackpore, North 24 Parganas to the court of learned Additional District and Sessions Judge, Ranaghat, Nadia.
The petitioner contended that the petitioner was married with the opposite party on 22.02.2021 according to Hindu rites and customs. The petitioner alleged that she was compelled to return at her parents' house.
The petitioner further stated that while she was waiting for reconciliation, the opposite party has initiated the aforesaid proceeding for dissolution of marriage which is pending before the court of learned Additional District Judge, 3rd Court at Barrackpore.
The petitioner contended that the petitioner took recourse of law and filed complaint in the Ranaghat Police Station under Sections 498A/323/406/34 of the Indian Penal Code which is pending before the learned ACJM, Ranaghat. She has also initiated a proceeding under Section 2 125 of the Code of Criminal Procedure which is also pending before the learned Judicial Magistrate, 3rd Court, Ranaghat and she has also initiated another proceeding under the Protection of Women from Domestic Violence Act against the opposite party being Misc. Criminal Case No.600 of 2022.
She further submits that the distance between the petitioner's present residence and the court at Barrackpore is about 140 kms. in both ways and it takes almost 5 hours to reach Barrackpore court and to return therefrom which is very hectic and also very much difficult for the petitioner to travel. Accordingly, petitioner has sought for the aforesaid transfer.
The petitioner is directed to serve a copy of the revisional application upon the opposite party within a period of seven days through speed post with acknowledgement due intimating the next date of hearing and file affidavit of service on the returnable date.
Let the matter appear under the heading 'Hearing of Sec.24 Application' on February 20, 2023.
Considering the submissions made by the petitioner, let there be an order of stay of all further proceedings in Matrimonial Suit No.1379 of 2022 presently pending before the Court of learned Additional District Judge, 3rd Court, Barrackpore, North 24 Parganas, for a period of six weeks or until further order whichever is earlier.
(Ajoy Kumar Mukherjee, J.)