Calcutta High Court (Appellete Side)
Smt. Laxmi Bagdi vs Sri Sagar Bagdi on 18 July, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 In The High Court At Calcutta 18-07- Civil Revisional Jurisdiction 2017 sh-7 CO 1858 of 2017 . Smt. Laxmi Bagdi v.
Sri Sagar Bagdi Mr. Prasenjit Barman Ms. Puja Beriwal Mr. Sushovan Dey ... for the petitioner.
In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner/wife has prayed for, transfer of the matrimonial suit filed by the opposite party/husband and pending before the Court of the learned Additional District and Sessions Judge, 2nd Court at Asansol to any competent Court at Kandi, Murshidabad.
As directed by this Court on June 21, 2017 the petitioner forwarded a copy of this application to the opposite party/husband at the address mentioned by himself in the plaint filed in the matrimonial suit but the postal authority has returned the envelope with an endorsement that " addressee out of station for long days". 2 Let, affidavit-of-service filed on behalf of the petitioner be kept on record.
It is the case of the petitioner that after being compelled to leave the matrimonial home she, along with her minor son are residing with her parents at village- Kuricha, P.S.- Barwan, District- Murshidabad. She has no independence source of income, nor is she receiving any maintenance from the opposite party/husband. She is otherwise facing great hardship to contest the matrimonial suit by travelling the long distance between her present residence in the district of Murshidabad and t he Court of the Additional District and Sessions Judge, 2nd Court at Asansol to contest the matrimonial suit.
Having considered the statements made in this application, 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 Matrimonial Suit No. 256 of 2016 ( Sri Samar Bagdi v. Smt. Laxmi Bagdi) pending before the learned Additional District and Sessions Judge, 2nd Court at Asansol till the disposal of this application.
The petitioner is directed to serve a copy of this application, together with a copy of this order on the 3 learned advocate representing the opposite party/husband before the learned Court below.
Let, this application appear under the heading "Contested Application under Section 24 CPC" in the monthly list of August 2017. The petitioner shall file an affidavit-of-service on the next date of hearing.
Certified website copies of the order, if applied for, be urgently made available to the parties on usual undertaking.
(Ashis Kumar Chakraborty, J) 4