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Calcutta High CourtCO/1049/2021dismissed

Smt (Dr ) Sutapa Aditya v. Sri(Dr) Joy Mitra

2021-09-22Hon'Ble Justice Biswajit Basu2 pages

sandip Ct. 18 22.09.2021 C.O. No. 1049 of 2021 (Via Video Conference) Smt (Dr) Sutapa Aditya Vs.

Sri (Dr) Joy Mitra Mr. Pratik Basu, Ms. Urbi Roy ... For the petitioner. Ms. Swagata Powali ... For the opposite party. The wife/respondent in the Matrimonial Suit No. 537 of 2021 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 Court of learned Additional District Judge, Fast Track, Court-III at Barrackpore, District-24 Parganas (North). 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, District-24 Parganas (South) at Alipore on the grounds that she is a doctor by profession residing at Jadavpur, as such, it would inconvenient for her to travel to Barrackpore from her residence and contest the said matrimonial suit.

Moreover, she has been engaged professionally in and around the Hospitals/Nursing Homes at South

Kolkata, as such, she would face additional difficulty in attending and contesting the said matrimonial suit at said Court at Barrackpore.

The aforesaid grounds for transfer are not at all convincing; this Court, therefore, is not inclined to allow the prayer of the petitioner.

C.O. 1049 of 2021 is dismissed without any order as to costs.

The learned Additional District Judge, Fast Track, Court-III at Barrackpore, District-24 Parganas (North) is requested to expedite the hearing of the suit. 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.)