Sumita Roy (Chowdhury ) v. Saikat Chowdhury

09.11.2021 (S/L-33) Ct.-18 (Susanta) (Via Video Conference) C.O. 1859 of 2021 Smt. Sumita Roy (Chowdhury) -Vs- Saikat Chowdhury Mr. Debajit Kundu, ... For the Petitioner.

This is an application under Section 24 of the Code of Civil Procedure filed by the wife, the respondent of the Matrimonial Suit No. 55 of 2016 pending before the learned Additional District Judge, Fast Track, 1st Court at Malda.

The evidence of the husband/opposite party, the petitioner of the said matrimonial suit has already been concluded. Recording of the evidence of the wife, the petitioner herein is waiting, at this stage, the prayer of the petitioner for withdrawal of the said suit from the Court where it is now pending and transfer of it to a competent Court at Siliguri, District-Darjeeling cannot be entertained.

C.O. 1859 of 2021 is disposed of with a request to the learned Additional District Judge, Fast Track, 1st Court at Malda to make all endeavour to fix a particular date for recording the evidence of the wife in the said suit.

No 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.)