This court allowed a petition to transfer a pending matrimonial suit from the District Judge, North 24 Parganas, Barasat to the District Judge, South 24 Parganas, Alipore, noting the respondent's lack of objection.
Transfer of matrimonial suit no. 810 of 2022 from Barasat to Alipore; directing transmission within three weeks and service of fresh notice.
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16.12.2022 224 Ct. no. 652 sb
C.O. 2810 of 2022
Suvadip Barua Vs. Jayita Barua
Ms. Subhasree Patel Ms. Saini Das …for the opposite party
Petitioner is not represented.
Learned counsel for the opposite party submits that she is presently residing within the jurisdiction of Alipore court and as such if the transfer, as sought for by the petitioner herein is allowed, it will not be prejudicial for her and accordingly, she has prayed for allowing the aforesaid transfer.
Having considered the facts and circumstances of the case and that the opposite party has got no objection in respect of the aforesaid transfer as sought for, the prayer made by the petitioner is allowed.
In view of above, learned District Judge, North 24 parganas, Barasat is hereby directed to withdraw Matrimonial suit no. 810 of 2022 presently pending before the court of learned 3rd Bench, Fast Track court at Barasat and to transmit the same to the court of learned District Judge, South 24 parganas, Alipore within a period of three weeks from the date of communication of the order.
2
The transferee court shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid suit.
The department is directed to send a copy of the order to the learned District Judge, North 24 parganas, Barasat and learned District Judge, South 24 parganas, Alipore.
Since the opposite party has not filed any affidavitin-opposition, the allegations made in the revisional application shall be deemed to have not admitted by the opposite party.
Accordingly, C.O. 2810 of 2022 is disposed of.
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Ajoy Kumar Mukherjee, J.)
1 issue framed by the court
Whether the transfer of matrimonial suit from Barasat to Alipore should be allowed in the absence of objection from the respondent?
Suvadip Barua
Jayita Barua
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
