Monisha Chatterjee Mukherjee v. Pabitra Ram Mukherjee
03.01.2022 Item No.7 Ct. No.7 CHC C.O.1539 of 2021 (Via Video Conference) Monisha Chatterjee (Mukherjee) C & C R Vs.
Pabitra Ram Mukherjee Mr. Uttiya Ray ...for the petitioner Mr. Subhadip Biswas, Ms. Priyanka Anand Sharma ...for the opposite party This is an application seeking transfer of Matrimonial Suit No.152 of 2021, renumbered as 241 of 2021 under Section 9 of the Hindu Marriage Act, from the court of learned Judge, Special Court at Durgapur to the court of learned District Judge, Bardhaman.
Admittedly, there are other litigations, both civil and criminal, pending at Burdhaman Court.
Mr. Subhadip Biswas, learned advocate appearing for the opposite party submits that he has no objection in the proposed transfer, but at the same time, he urges the Court that pending petition praying for visitation right of the child, filed by the opposite party/husband, may be directed to be expeditiously disposed of.
In view of the candid submission of Mr. Biswas, learned advocate appearing for the opposite party, the instant transfer application be disposed of directing the learned Judge, Special Court, Durgapur to transfer Matrimonial Suit No.152 of 2021, renumbered as 241 of 2021, to the court of learned Additional District Judge, 1st Court, Bardhaman, within four weeks from the date of communication of this order.
Both the parties are accordingly directed to ensure their respective appearance before the transferee court on 15th February, 2022.
The transferee court after receipt of the case record must try to dispose of the interlocutory application, if there be any pending, including the petition praying for visitation right expeditiously as possible, providing sufficient opportunity of hearing to either of the parties to this case.
With this direction/observation, the instant application being C.O.1539 of 2021 stands disposed of.
All parties shall act in terms of copy of this order downloaded from the official website of this Court. (Subhasis Dasgupta, J.)