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Calcutta High CourtCRR/433/2010dismissed

Swarup Kumar De v. Sangeeta De

2022-06-20Hon'Ble Justice Rai Chattopadhyay1 pages

20.6.2022 AB Ct. No.6 CRR 433 of 2010 In Re : Swarup Kumar De None appears today even on the second call either on behalf of the petitioner or on behalf of the opposite parties. Record reveals that previously on 09.6.2022, 10.6.2022 and 16.6.2022 no one appeared in the matter when the matter was called on for hearing. Hence, the case record is taken up for delivering the order in absence of the parties.

This is an application under Section 407 of Cr.P.C., 1973 to pray for transfer of M. Case No. 186 of 2009 pending before the learned Judicial Magistrate, 1st Class, 2nd Court, Barasat, DistrictNorth 24-Parganas to any other Court of equivalent jurisdiction in the District of Paschim Medinipur, Record further reveals that the opposite party/wife has preferred the said M. Case No. 186 of 2009 in the Court below under Section 125 of the Cr.P.C. praying for maintenance. On perusal of the grounds stated by the petitioner those are found not to be sufficient and convincing enough to satisfy this Court to interfere into the impugned order passed by the Court below as challenged in this revision petition.

On the finding as above, I am inclined to dismiss the revision case being CRR 433 of 2010. Interim order, if any, stands vacated. Connected application, if any, stands adjudicated with the case. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Rai Chattopadhyay, J.)