Dipanita Nandi Roy @ Dipannita Ray Nandi v. Biswajit Nandi
29,Ct.18 30.09.2021 AJ.
C.O. 948 of 2020 (Via Video Conference) Smt. Dipanita Nandi (Roy) @ Dipannita Ray Nandi -Vs- Biswajit Nandi Mr. Amanul Islam, Mr. Saurav Mukherjee.
... for the petitioner.
None appears on behalf of the husband/opposite party in spite of service.
The wife/respondent in the Matrimonial Suit No.
of filed by the husband/opposite party for dissolution of marriage between the parties by a decree of divorce is the petitioner of the present application under Section 24 of the Code of Civil Procedure.
The said matrimonial suit is pending before the learned Additional District Judge, Fast Track Court-1 at Krishnanagar, District-Nadia. The petitioner by the present application 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, DistrictPurba Burdwan on the ground that she is residing at Purbapara, P.S. Burdwan (Purba) along with her minor daughter, as such, it would be difficult for her to travel to Krishnanagar from her residence and contest the said matrimonial suit.
That apart, a proceeding for maintenance filed by the petitioner under Section 125 of the Code of Criminal Procedure being Misc. Case No. 522 of 2019 is pending before the learned Chief Judicial Magistrate, District- Purba Burdwan, which the husband/opposite party is contesting. The petitioner, in view of the distance between Purba Burdwan and Krishnanagar, is justified in pleading her inconvenience in attending the Court of learned Additional District Judge, Fast Track Court-1 at Krishnanagar, District-Nadia; moreover, all the proceedings between the parties should be brought at one place to avoid unnecessary expenses and inconvenience of the parties. The prayer of the petitioner, therefore, deserves to be allowed. Let the Matrimonial Suit No. 244 of 2019 (Sri Biswajit Nandi vs. Smt.
Dipanita Nandi (Roy)) be withdrawn from the Court of the learned Additional District Judge, Fast Track Court-1 at Krishnagar, District-Nadia and be transferred to the Court of learned District Judge, District- Purba Burdwan, who may either keep the said suit in his own file or may transfer it to any court competent to try and dispose of the said suit under his judgeship and the said suit, thereafter, shall be proceeded with from the point at which it was withdrawn.
The petitioner is directed to communicate this order to the opposite party within seven days from date.
The department is directed to communicate this order immediately to the Court of the learned Additional District Judge, Fast Track Court-1 at Krishnagar, District-Nadia and the said Court, on receipt of such communication, shall expedite the transmission of the records of the said suit.
C.O. 948 of 2020 allowed 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.)