Calcutta High CourtCO/1637/2019dismissed

Bablu Karmakar v. Soumi Karmakar

2021-09-22Hon'Ble Justice Biswajit Basu1 pages

18,Ct.18 22.09.2021 AJ.

C.O. 1637 of 2019 (Via Video Conference) Bablu Karmakar -Vs- Soumi Karmakar This is an application under Section 24 of the Code of Civil Procedure.

None appears on behalf of the petitioner either virtually or physically on call. The opposite party also is not represented.

The petitioner by the present application is praying withdrawal and transfer of a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 which is a criminal proceeding by nature. Therefore, for transfer of such a proceeding, filing of an application under Section 24 of the Code of Civil Procedure is a misconceived action.

C.O. 1637 of 2019 is dismissed as not maintainable 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. )