Oindrila Ghosh Nee Das v. Arijit Ghosh

SK Ct. No. 18 26.08.2021 C.O. No. 37 of 2021 (Via Video Conference) Dr. Oindrila Ghosh (nee Das) Vs.

Dr. Arijit Ghosh Mr. Subhojit Saha, Mr. Sudipta Ghosh ... For the petitioner. Mr. Rahul Karmakar ... For the opposite party. The petitioner is the respondent in the Matrimonial Suit No. 1014 of 2020 pending before the learned Additional District Judge, Fast Track, 1st Court at Howrah.

The opposite party has filed the said suit seeking dissolution of marriage between the parties by a decree of divorce, the petitioner by the present application under Section 24 of the Code of Civil Procedure is praying withdrawal of the said suit from the Court where it is now pending and transfer of it to the Court of learned District Judge at Alipore, District 24 Parganas (South).

The petitioner is praying such withdrawal and transfer of the said suit on the ground of her inconvenience to travel to Howrah Court from her residence in Kolkata.

Mr. Rahul Karmakar, learned advocate appearing on behalf of the opposite party submits that to avoid unnecessary delay in disposal of the suit his client is not objecting to the prayer of the petitioner with the

expectation that she would not cause delay in disposal of the said suit.

The ground on which the petitioner is seeking transfer of the said suit is not much convincing but the opposite party when is not objecting to the prayer of the petitioner, let the Matrimonial Suit No. 1014 of 2020 be withdrawn from the Court of learned Additional District Judge, Fast Track, 1st Court at Howrah and be transferred to the Court of learned District Judge at Alipore, District - 24 Parganas (South).

The learned District Judge at Alipore District. 24 Parganas (South) may keep the said suit in his own file or may transfer it to any Court competent to try and dispose of the same under his judgeship.

The transferee Court shall proceed with the suit from the stage where it has already reached.

The transferee Court is requested not to grant any unnecessary adjournment to either of the parties and to make all endeavour to dispose of the said suit within a period of 12 months from the date of receipt of the record.

C.O. 37 of 2021 is thus disposed of with the above terms without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)