Suchanda Goswami v. Arup Goswami

29.04.2022 Ct. 21 D/L 23 ab C.O. 747 of 2022 Suchanda Goswami -VsArup Goswami Mr. Soujanya Bandyopadhyay, ... for the petitioner Mr. Amitabha Ghosh, Mr. Madan Mohan Ray, Ms. Nabanita Chatterjee, ... for the opposite party Mr. Soujanya Bandyopadhyay, learned advocate appears for the petitioner.

The learned advocate for the petitioner files affidavit of service along with postal receipt and track report showing due service upon the opposite party. The learned advocate for the petitioner also files supplementary affidavit. Let the same be retained with the record.

Mr. Amitabha Ghosh, learned advocate appears for the opposite party.

The application under Section 24 of the Code of Civil Procedure is taken up for hearing.

Heard the learned advocates for the parties.

By filing the present application under Section 24 of the Code of Civil Procedure, the petitioner/wife has prayed for transfer of Matrimonial Suit No. 60 of 2019, from the Court of learned Additional District Judge, Fast Track Court at Baruipur to the Court of the learned District Judge at Paschim Bardhaman.

However, both the learned advocates have agreed that the Matrimonial Suit No. 60 of 2019 be transferred to the Court of the learned District Judge at Alipore instead of the Court of learned District Judge at Paschim Bardhaman.

The application under Section 24 of the Code of Civil Procedure is allowed on consent.

Let the Matrimonial Suit No. 60 of 2019 be withdrawn from the Court of learned Additional District Judge, Fast Track Court at Baruipur and be transferred to the Court of learned District Judge, South 24 Parganas at Alipore, who may keep the said suit 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 learned Additional District Judge, First Track Court at Baruipur shall transfer the records of Matrimonial Suit No. 60 of 2019 to the Court of the learned District Judge, Alipore within a period of 30 days from the date of communication of this order.

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

The parties shall appear before the learned 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 learned District Judge, Alipore, shall act on such communication.

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

Accordingly, C.O. 747 of 2022 is disposed of. Interim order, if any, stands discharged.

Connected application, if any, also stands disposed of.

There shall be no order as to costs.

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.)