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Calcutta High CourtCO/589/2022disposed

Suvra Das Bose Alias Suvra Das Bose v. Soumojit Bose

2022-05-02Hon'Ble Justice Kesang Doma Bhutia3 pages

02.05.2022 Ct. 21 AGM/RKB C.O. 589 of 2022 Suvra Das (Bose) @ Suvra Das Bose -VsSoumajit Bose Ms. Amit Baran Dash, ... for the petitioner Petitioner is represented by her learned lawyer, who files affidavit-of-service along with postal receipt and track report, showing due service.

None appears on behalf of the opposite party, when the matter is called.

The petitioner/wife has filed present application under Section 24 of the C.P.C. seeking transfer of Matrimonial Suit No. 2197 of 2021 from the Court of learned District Judge, Barasat, North 24 Parganas to the learned District Judge at Alipore, South 24 Pargarans.

It is contended that at present the wife is residing at her paternal house at Metiabruz. The petitioner is a house wife having no independent source of income on her own. It would be a great hardship on her part to go all the way from Metiabruz to Barasat Court to conduct the case.

Considering the distance and financial constraints of the wife, the application under section 24 of the CPC is allowed.

Let the Matrimonial Suit being No. 2197 of 2021 be transferred from the Court of learned District Judge, Barasat to the Court of learned District Judge, Alipore, South 24 Parganas.

Learned District Judge, Alipore, South 24 Parganas may keep the record in his/her own file and may transfer the same to any other Court under his/her Judgeship competent to try and dispose of the said suit.

The Court of District Judge, Barasat shall transfer the records of Matrimonial Suit No. 2197 of 2021 to the Court of District Judge, Alipore within a period of 30 days from the date of communication of this order.

The parties shall appear before the Court of District Judge, Alipore on 06.06.2022 irrespective of transfer of the records of the said matrimonial suit but only on the basis of sever copy of this order. The Court of District Judge, Barasat, shall act on such communication.

The transferee Court shall proceed to dispose of the said suit from the stage at which it has already reached.

The transferee Court is further requested to expedite disposal of the said matrimonial suit in accordance with law.

Accordingly, C.O. 589 of 2022 is disposed of. Interim order, if any, stands discharged.

Connected application, if any, also stands disposed of.

Parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, be applied for, be given to the parties, upon compliance of all formalities.

(Kesang Doma Bhutia, J.)