Calcutta High Court (Appellete Side)
Nee Banerjee vs Sri Sumon Banerjee on 25 February, 2019
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 February 25, 2019 R.C. C.O. 657 OF 2019 Smt. Durga Chattopadhyay Nee Banerjee Vs. Sri Sumon Banerjee =-=-= Mr.Bratindra Narayan Ray Miss Priyanka Das, ...for Petitioner This is an application under section 24 of the Code of Civil Procedure seeking transfer of matrimonial suit no. 1996 of 2018 currently pending before the learned Additional District Judge, 7th Court at Barasat. The petitioner has sought for transfer of the said matrimonial suit on the ground that the distance from the place where she resides at present with her parents and the Court where the matrimonial suit is pending is about 110 kilometers. However, he has explained in the petition that although the distance is of 110 kilometers but the journey is very time consuming inasmuch as there is no straight route from her present place of residence to the Court where the matrimonial suit is pending. In my view, petitioner has made out a good prima facie case to get an interim protection.
Accordingly, I direct stay of all further proceedings being matrimonial suit no.1996 of 2018 pending in the Court of learned Court of the additional District Judge, 7th Court, 2 Barasat District- North 24 Parganas for a period of six weeks for the present.
Petitioner is directed to sere a copy of this application upon the opposite party under registered cover with acknowledgement due and file affidavit of service on the next date of hearing.
Let this matter appear in the list four weeks hence as a 'contested application'.
(SAHIDULLAH MUNSHI, J. )