Simmy Dey Sahu v. Rajsekhar Sahu

25.04.2022 SL No. 7 Court No. 21 Sk & ali C.O. 283 of 2022 Simmy Dey Sahu Vs Rajsekhar Sahu Mr. Subhroyyoti Ghosh ...for the opposite party.

None appears on behalf of the petitioner. Mr. Subhrojyoti Ghosh, learned advocate appears for the opposite party.

The matter is taken up for hearing.

Learned advocate appearing for the opposite party submits that there is no merit in the application under section 24 CPC filed by the wife/petitioner as she is residing at Barrackpore. The Mat Suit No. 657 of 2021 filed by the husband is pending before the Court of Learned Additional District Judge, Kalyani in the District of Nadia.The distance between Barrackpore and Kalyani is about 30 kilometers and there are frequent trains available and which will take about twenty minutes to reach Kalyani Court from Barrckpore. The petitioner wife has filed the present application to harass the opposite party. Therefore, he prays for rejection of the application under Section 24 of the CPC.

Perused the record and materials therein, indeed I find the petitioner to be a resident of

Titagarh in the District of North 24-Parganas and it is a matter of common sense that the distance between the same is about 30 kilometers and both the places are well connected by trains and bus.

Keeping in view the above facts and absence of the petitioner when the matter is called, this Court does not find any merit in the application under Section 24 CPC and the same is dismissed.

Accordingly, C.O. 283 of 2022 is dismissed.

Connected application, if any, stands dismissed.

The interim order, if any stands discharged.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this court.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

(Kesang Doma Bhutia, J.)