Calcutta High Court (Appellete Side)
Smt. Piyali Dey(Chowdhury) vs Sri Amit Kumar Chowdhury on 17 December, 2018
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 Sl 15 17-12-2018
ct no. 6 s.d.
C. O. 3919 of 2018 Smt. Piyali Dey(Chowdhury)
-VS-
Sri Amit Kumar Chowdhury Mr. Shuvanil Chakraborty ...for the petitioner.
This is an application under Section 24 of the Code of Civil Procedure seeking transfer of the Matrimonial Suit No. 512 of 2018 currently pending before the Learned Additional District Judge, 4th Court at Burdwan.
In support of her prayer for transfer of the said matrimonial suit, the petitioner has stated that marriage was solemnized between the parties at the parental home of the petitioner. They last resided at Behala. There are other proceedings those are pending within the Kolkata jurisdiction and which proceedings are contested by the husband as mentioned in paragraphs 14, 15 of the petition.
In my view, the petitioner has made of a prima facie case for interim protection. Let there be an order of stay of all further proceedings in Matrimonial Suit No. 512 of 2018 pending before 2 the Learned Additional District Judge, 4th Court at Burdwan for a period of four weeks after the Christmas Vacation.
Let the matter be listed immediately after the reopening of the Court after the Chirstmas vacation.
The petitioner is directed to serve a copy of this application upon the opposite party within a week from date and file affidavit of service on the next date of hearing.
( Sahidullah Munshi , J.)