Allowed

Monami Dari Halder Alias Manami Dari v. Srimanta Halder

Calcutta HC17 May 2022CO/1961/2021

Case brief

AI extract

What is this about?

The court extended an interim order and granted stay of proceedings in a matrimonial suit. It allowed an application for withdrawal and transfer of the suit from Purba Bardhaman to Hooghly based on residence and pending criminal cases, directing service of notice and filing of affidavit.

What did the court decide?

Stay of proceedings in Matrimonial Suit No. 692 of 2021 until July 2022; directions given for withdrawal and transfer application.

Monami Dari Halder Alias Manami Dari Vs… — Civil Procedure and Limitation | Calcutta HC (2022)

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16 & 23 sandip Ct. 18 17.05.2022

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C.O. No. 1961 of 2021

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Monami Dari Halder @ Manami Dari Vs.

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Srimanta Halder And C.O. 1221 of 2022

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Monami Dari Halder @ Manami Dari

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Vs.

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Srimanta Halder

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Mr. Dhananjay Banerjee, Ms. Oindrila Ghosh … For the petitioner.

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Mr. Anirban Chakraborty … For the opposite party.

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In Re : C.O. 1961 of 2021

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The interim order passed in the matter on November 24, 2021 is extended till the end of the month of July 2022 or until further orders, whichever is earlier.

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In Re : C.O. 1221 of 2022

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Leave is granted to Mr. Dhananjay Banerjee, learned advocate for the petitioner to correct the year of the matrimonial suit in the cause title of the revisional application being C.O. 1221 of 2022.

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

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The petitioner is the respondent of the matrimonial suit filed by the opposite party seeking dissolution of the marriage between the parties by a decree of divorce.

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The said matrimonial suit being Matrimonial Suit No. 692 of 2021 is pending before the learned District Judge, District- Purba Bardhaman.

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The petitioner by the present application is praying withdrawal of the said suit from the Court where it is now pending and for transfer of it to the Court of learned Additional District Judge at Chandernagore, District – Hooghly on the ground that she is residing along with her minor child at Hooghly, as such, it would be very difficult for her to travel to Purba Bardhaman from her residence to contest the said matrimonial suit.

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Another ground on which such withdrawal and transfer of the said suit has been prayed for is that criminal proceedings initiated by the petitioner against the opposite party are pending before the competent criminal Courts at Chandernagore, District-Hooghly.

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A prima facie case for withdrawal and transfer of the said matrimonial suit has been made out.

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The petitioner is, therefore, directed to send copy of the application along with a copy of this order upon the opposite party by speed post with Acknowledgement Due intimating that the matter will appear in the Combined Monthly List of June 2022 under the heading ‘Application under Section 24 of the Code of Civil Procedure' .

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The petitioner to file affidavit-of-service on the next date of hearing to the said effect.

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Put up the matter along with C.O. 1961 of 2021 in the Combined Monthly List of June 2022 under the heading ‘Application under Section 24 of the Code of Civil Procedure' .

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There shall be stay of all further proceedings of the Matrimonial Suit No. 692 of 2021 [ Sri Srimanta Halder vs. Smt. Monami Dari Halder ] pending before the Court of

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learned District Judge, Purba Bardhaman at Burdwan till the end of the month of July, 2022 or until further orders, whichever is earlier.

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The department is directed to communicate this order immediately to the aforesaid Court where the said matrimonial suit is pending.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

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(Biswajit Basu, J.)

Monami Dari Halder Alias Manami Dari v. Srimanta Halder

Case brief

What is this about?

What did the court decide?

Monami Dari Halder Alias Manami Dari v. Srimanta Halder

Case brief

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What did the court decide?

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