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Calcutta High CourtCO/3213/2018dismissed for default

Debalinia Maitra v. Udaykar Maitra & ORS.

2021-08-13Hon'Ble Justice Biswajit Basu2 pages

SK Ct. No. 18 13.08.2021 (Via Video Conference) C.O. 3213 of 2018 Debalina Maitra Vs.

Udaykar Maitra & Ors.

This is an application under Section 24 of the Code of Civil Procedure.

The opposite party no. 1 has filed the Misc. (custody) Case No. 21 of 2018 for custody of the children of the parties. The said Misc. case is pending before the Court of the learned District Judge, Birbhum at Suri.

The petitioner is the mother of the minors whose custody have been sought for by the father in the said misc. case.

The petitioner by the present application is seeking withdrawal of the said Misc. case from the court where it is now pending and for transfer of it to any court competent to try and dispose of it under the judgeship of learned District Judge, Malda.

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None appears in support of the application either virtually or physically on call, no accommodation has been sought for.

C.O. 3213 of 2018 is dismissed for default.

Interim order, if there be any, stands vacated. No order as to costs.

The department is directed to communicate this order to the aforesaid Court where the misc. case is pending.

(Biswajit Basu, J.)