Calcutta High Court (Appellete Side)
Smt Rina Rana vs Sri Tarun Kumar Rana on 17 May, 2016
1
In The High Court At Calcutta
17-05-2016 Civil Revisional Jurisdiction
sb-9
.
C.O.No.1812 of 2016 Smt Rina Rana
-vs-
Sri Tarun Kumar Rana Ms. Sohini Chakraborty ...for the petitioner The petitioner in this application under section 24 of the Code of Civil Procedure, 1908 has prayed for, transfer of a matrimonial suit filed by the opposite party/husband, claiming a decree for dissolution of marriage and pending in the court of the learned District Judge at Tamluk in the district Purba Medinipur to the court of the learned Additional District Judge at Barrackpore in the district North 24-Parganas.
It is the case of the petitioner that the opposite party all along resided with her at her parental house at Dum Dum and that she never resided anywhere in the district of Purba Medinipur. In any event, she is facing great hardship to contest the said matrimonial suit before the learned District Judge at Tamluk by travelling the long distance between Dum Dum and Tamluk.
Mrs Chakraborty, learned counsel appearing for the petitioner, submitted that since the opposite party has failed to pay any maintenance of the petitioner, she has filed an application under section 125 of the Code of Criminal Procedure, 1973, against the opposite party which is pending before the court of the learned Additional Judicial Magistrate at Barrackpore. Apart from the said case, another proceeding under section 498A of the Indian Penal Code bearing Dum Dum 2 P.S. Case No.794/15 dated August 12, 2015 has also been registered against the opposite party, before the learned Additional Chief Judicial Magistrate at Barrackpore and he is contesting the said proceeding.
Relying on a decision of the Supreme Court in the case of Tejalben -vs- Mihirbhai Bharatbhai Kothari reported in AIR 2016 SC 718 Mrs Chakraborty submitted that since the said proceedings against the opposite party, under section 125 of the Code of Criminal Procedure and the complaint case under section 498A of the Indian Penal Code, are pending disposal before the learned Judicial Magistrate, 1st court at Barrackpore and the learned Additional Judicial Magistrate at Barrackpore respectively, the matrimonial suit should also be transferred to the court of the learned Additional District Judge at Barrackpore.
Considering the averments in the application and the submissions of Mrs. Chakraborty, I am satisfied that the petitioner has made out a prima facie case for interim protection.
Accordingly, there shall be an interim order directing stay of all further proceedings in Mat. Suit No.23 of 2016 (Sri Tarun Kumar Rana -vs- Smt Rina Rana), pending before the court of the learned District Judge at Tamluk, district Purba Medinipur till June 17, 2016.
The petitioner is directed to serve a copy of this application together with a copy of this order on the opposite party by speed post with acknowledgement due.
Let this application appear under the same heading on June 14, 2016 when the petitioner shall file affidavit of service.
3Certified website copy of this order, if applied for, be made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J)