Jyoti Adhikary v. Abhijit Adhikary

04.03.2021 C.O 99 of 2021 sd Jyoti Adhikary vs. Abjijit Adhikary Ct .9.

Mr. N.C. Konar Mr. M. K. Das ..For the petitioner.

Mr. A.K. Saha Mr. D. Mahata Mr. S. Sarkar ..For the opposite party.

Both the parties are present with their learned advocate.

I have personally heard the parties in open Court in order to effect an amicable settlement to be arrived at for restitution of conjugal right.

The Matrimonial suit No. 481 of 2020 (R-238/2020) pending in the court of learned Additional District Judge(RD) Court, Paschim Medinipur has been sought to be transferred to the Court of learned Additional Judge at Bankura, inter alia, on the ground stated in the application. It would not be out of the context to take note of the fact that the suit has been filed by the husband opposite party herein under section 9 of the Hindu Marriage Act 1955 for restitution of conjugal right with the direction upon the respondent wife to live with the petitioner husband with her minor son and allowing the petitioner husband to exercise his conjugal right.

Now the learned advocates for both the parties wants an order for transfer of the case under reference to the file of learned District Judge, Bankura.

Accordingly, by consent of the parties, let the matrimonial proceeding being MAT Suit No. 481 of 2020 be withdrawn from the file of learned Additional District Judge (RD) Court, Paschim Medinipur and be transferred to the file of learned District Judge, Bankura.

Let a copy of this order be communicated to the transferor and transferee courts for their information. It is further directed that the case on being transferred to the court of learned District Judge, the learned District Judge will endeavour to dispose of the matrimonial suit as expeditiously as possible preferably within one year on the pleadings of the parties.

Accordingly, C.O. No. 99 of 2021 is disposed of. (Shivakant Prasad, J. )