Allowed

Anamika Pallabi Adhikary Barik v. Pabitra Adhikary

Calcutta HC21 Nov 2022CO/1352/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer application seeking to move a matrimonial suit from Diamond Harbour to Baikunthapur/District Judge Alipore due to safety apprehensions. The court directed the incumbent court to transfer the case to the District Judge, Alipore, with liberty for re-transfer to any other Alipore court.

What did the court decide?

Direction to the Learned District Judge, South 24 Parganas, Alipore to withdraw Matrimonial suit no. 153 of 2020 from Diamond Harbour and transmit it to his file for disposal.

Anamika Pallabi Adhikary Barik Vs Pabitra Adhikary — Matrimonial and Divorce | Calcutta HC (2022)

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21.11.2022 149 Ct. no. 652 sb

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C.O. 1352 of 2022

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Smt. Anamika(Pallabi) Adhikary (Barik) Vs. Sri Pabitra Adhikary

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Mr. Supratick Syamal Mr. Dilip Kumar Shyamal Mr. Rajarshi Mitra …for the petitioner Mr. Indrajit Roy Chowdhury Ms. Purnima Halder …for the opposite party

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This is an application under Section 24 the Civil Procedure Code seeking transfer of Matrimonial suit no. 153 of 2020 pending before the learned Additional District Judge, Fast Track court, 1^st Court, Diamond Harbour, South 24 parganas to the court of learned Additional District Judge, Baruipur, South 24 parganas.

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The petitioner contended that the marriage between the parties was solemnised on 26.2.2020. The opposite party is a school teacher within the district of South 24 parganas and the petitioner is an unemployed lady. The petitioner alleged that from the first day of marriage, she was subjected to torture demanding dowry and opposite party and her in laws used to insult and torture the petitioner using filthy languages. In the meantime, the petitioner became pregnant. On 18.5.2020 , the opposite party assaulted her using filthy

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languages without any reason and ultimately the petitioner was driven out from her matrimonial home on that date.

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The opposite party has filed aforesaid suit for dissolution of marriage which is now pending before the court of learned Additional District Judge, Fast Track court, 1^st Court, Diamond Harbour, South 24 parganas. The petitioner apprehends that her life will be in danger if she has to travel to reach at Diamond Harbour court from Baruipur. It is further submitted that the parties are blessed with a male child who was born on 4^th December, 2020 and presently he is under the custody of the petitioner/mother. The petitioner has also initiated a criminal proceeding under Section 125 of the Code of Civil Procedure, which is pending before the Baruipur Court. Accordingly, she has prayed for aforesaid transfer.

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Mr. Roy Chowdhury, learned counsel for the opposite party raised vehement objection and contended that earlier one application under Section 24 was filed by the petitioner before the learned District Judge, South 24 parganas, Alipore being Misc. case no. 395 of 2021 which was ultimately dismissed for non prosecution on 11.8.2022 and during pendency of the said proceeding, the present application has been filed.

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However, Mr. Roy Chowdhury is his usual fairness submits that if the matrimonial suit is transferred from Diamond Habour court to the courts of learned District

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Judge, Alipore, or any Additional District Judge’s court at Alipore for trial then, his client has got no objection. Learned counsel for the opposite party concedes to such proposal.

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Having considered the facts and circumstances of the case, C.O. 1352 of 2022 is disposed of with a direction upon the Learned District Judge, South 24 Parganas, Alipore to withdraw the Matrimonial suit no. 153 of 2020, pending before the learned Additional District & Sessions Judge, Fast Track court, 1^st Court, Diamond Harbour, South 24 parganas and to transmit the same to his own file for disposal within a period of three weeks from the date of communication of the order. However liberty is also given to the learned District Judge, Alipore to re-transfer said case to any court of Additional District Judge at Alipore, having jurisdiction for disposal.

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The transferee court at Alipore is further directed to serve a fresh notice upon both the parties intimating the next date of hearing before proceeding further with the suit.

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The department is directed to send a copy of the order to the learned District Judge, South 24 Parganas, Alipore.

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Accordingly, C.O. 1352 of 2022 is disposed of.

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Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Anamika Pallabi Adhikary Barik v. Pabitra Adhikary

Case brief

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Anamika Pallabi Adhikary Barik v. Pabitra Adhikary

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