Smt. Bulti Saha(Mondal) v. Sri Dhriti Ranjan Mondal
S/L 41 04.9.2024 Court No.19 SD
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION CO 2552 of 2023 Smt. Bulti Saha (Mondal) Vs.
Sri Dhriti Ranjan Mondal Mr. Tapas Kumar Ghose Mr. Tanmay Chowdhury ... for the Petitioner.
Affidavit of service filed on behalf of the petitioner be kept with the record.
None appears on behalf of the opposite party in spite of service.
This is an application under Section 24 of the Code of Civil Procedure.
The husband, the opposite party herein, has filed a matrimonial suit being Matrimonial Suit No.529 of 2020 for dissolution of his marriage with the applicant by a decree of divorce.
The said suit is pending before the Court of learned Additional District Judge at Asansol, District: Paschim Bardhaman.
The applicant is praying withdrawal of the said suit and the connected miscellaneous case being Misc. Case No.84 of 2022 from the Court where it is now pending and transfer of the said suit and the Misc. Case thereto to the Court of learned District Judge at Suri, District: Birbhum, inter alia, on the grounds that in view of the long distance between her paternal house in Burkhuna, District: Birbhum where she is now residing and Asansol, it would be difficult for her to contest the
said matrimonial suit; besides, other proceedings between the parties are pending before the competent criminal Court(s) at Suri, District: Birbhum and the opposite party is contesting those proceedings.
Apart from the inconvenience pleaded by the applicant in attending the Court at Asansol, all pending proceedings between the parties are required to be brought in one place to save time and unnecessary harassment of the parties.
In this backdrop, let the Matrimonial Suit No. 529 of 2020 (Sri Dhiriti Ranjan Mondal vs. Smt. Bulti Saha @ Mondal) along with the connected Misc. Case No.84 of 2022 be withdrawn from the Court of the learned Additional District Judge at Asansol, District: Paschim Bardhaman and be transferred to the Court of learned District Judge, Birbhum at Suri.
The learned District Judge, Birbhum, on receipt of the records of the said matters may either keep the same in his own file or may transfer them to any Court under his Judgeship competent to try and dispose of those matters. The said suit and the miscellaneous case thereto, upon transfer, shall proceed from the stage at which they have already reached.
The petitioner is directed to communicate this order to the opposite party.
The department shall communicate this order immediately to the Court of learned Additional District Judge at Asansol, District: Paschim Bardhaman and to the Court of learned District Judge, Birbhum at Suri.
CO 2552 of 2023 is allowed with the above terms without any order as to costs.
Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Biswajit Basu, J.)