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Calcutta High CourtCO/2527/2023disposed

Anusuya Mazumdar Pradhan v. Arnab Mazumdar

2024-05-01Hon'Ble Justice Shampa Sarkar2 pages

01.05.2024 Sl. No.745(ML) srm C.O. No. 2527 of 2023 Anusuya Mazumdar (Pradhan)

Versus

Arnab Mazumdar Mr. Anindya Lahiri, Ms. Pranati Das ...for the Petitioner.

Ms. Manali Biswas ...for the Opposite Party.

This is a peculiar case where the suit has been decreed, when the application for transfer of the suit was pending before this court. This application has become infructuous. Thus, the question of transfer does not survive. It appears that Matrimonial Suit No.21 of 2023 was decreed on February 20, 2024 and the information slip has been submitted.

By an order dated August 14, 2023, this Court had granted stay of all further proceedings in Matrimonial Suit No.21 of 2023 up to February 28, 2024.

Thus, this Court is surprised that the suit could have been decreed ex parte. However, nothing remains to be decided in the transfer application.

Mr. Lahiri, learned Advocate appearing on behalf of the petitioner/wife submits that the court was communicated with the order and the order was also communicated to the husband, but the husband also did not bring it to the notice of the court.

In any event, this Court cannot ascertain the correctness of such submissions.

The petitioner is at liberty to proceed in accordance with law, in the facts and circumstances stated hereinabove. The application is disposed of without any orders. There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)