Calcutta High Court (Appellete Side)
Rimpa Jhar vs Debanjan Saha on 10 April, 2023
S/L 265 10.4.2023
Court No.652 SD CO 912 of 2023 Rimpa Jhar Vs. Debanjan Saha Mr. Subrata Roy ... 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.277 of 2022 presently pending before the Court of learned Additional District Judge, Ghatal, Paschim Medinipur to the court of learned District Judge, Howrah.
The petitioner contended that the petitioner was married with the opposite party on August 27, 2021. All of a sudden, the petitioner received summon of aforesaid matrimonial suit wherein the opposite party has sought for dissolution of marriage under Section 13(1) of Hindu Marriage Act. The petitioner contended that she is a resident of Howrah District and she has no acquaintance about Midnapur district and it would be difficult for her to contest the case before the court of learned Additional District Judge, Ghatal, Paschim Medinipur.
Moreover, the petitioner is still studying under Netaji Subhas Open University and she has no independent source of income and she is not in a position to bear the travelling expenses and furthermore, she is a patient of COPD and as 2 such, she is not physically fit to travel outside. Accordingly, she has sought for 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 May 16, 2023.
Since the petitioner has made out an arguable case, let there be an order of stay of all further proceedings in Matrimonial Suit No.277 of 2022 presently pending before the Court of learned Additional District Judge, Ghatal, Paschim Medinipur, for a period of eight weeks or until further order whichever is earlier.
(Ajoy Kumar Mukherjee, J.)