Calcutta High Court (Appellete Side)
Smt. Paulami Pal vs Sri Tarak Nath Sett on 21 March, 2023
280 21.3.2023
Sc Ct. no.652
C.O. 804 OF 2023
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Smt. Paulami Pal Vs. Sri Tarak Nath Sett Mr. Sougata Mitra Mr. Rameswar Sinha Ms. Ankita Dey Mr. Subhadeep Maitra.
... For the Petitioner This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial Suit No.148 of 2022 pending in the court of learned Additional District Judge, Chandannagar, Hooghly to the court of Learned Additional District Judge, Arambag, Hooghly.
The petitioner contended that the petitioner was married with the opposite party under the Special Marriage Act on 2nd December, 2018. The petitioner alleged that few days after marriage her husband and in- laws started torturing her physically and mentally expressing their dissatisfaction regarding the quality and quantity of the articles given at the time of marriage. The petitioner further alleged that since her father failed to meet their further demand, her husband and in-laws started mental torture which ultimately culminated into physical torture and verbal abuse. The parties are blessed with a male child who was born on 9th August, 2020. The 2 petitioner presently is compelled to reside at Arambag along with the said child.
In the meantime the opposite party has instituted the aforesaid suit for restitution of conjugal rights which is pending in the court of learned Additional District Judge, Chandannagar, Hooghly.
The petitioner submits that the petitioner has already initiated one criminal proceeding against the opposite party which is pending before the learned Additional Chief Judicial Magistrate, Arambag and she has also initiated another proceeding under Section 125 of the Code of Criminal Procedure which is also pending before the learned Additional Chief Judicial Magistrate, Arambag, where the opposite party would be required to attend. The petitioner further submits that the distance in between Chandannagar and Arambag is about 70 Kilometers and the petitioner is facing lot of difficulties in attending the said proceeding at Chandannagar Court. Accordingly, she has sought for aforesaid transfer.
The petitioner is directed to serve a copy of the revisional application to the opposite party through speed post with acknowledgement due within a period of ten days intimating the next date of hearing and to file affidavit-of-service on the date fixed.
Let the matter appear under the heading "Hearing of Section 24 Application" on 25th April, 2023. 3
Since the petitioner has made out an arguable case, let all further proceedings of Matrimonial Suit No.148 of 2022 pending before the court of learned Additional District Judge, Chandannagar, Hooghly is stayed for a period of eight weeks or until further orders, whichever is earlier.
(Ajoy Kumar Mukherjee, J.)