Arpita Sil v. Sagar Nayak

7.2.2023 167 Ct. no. 652 sb

C.O. 550 of 2018

Smt. Arpita Sil Vs. Sri Sagar Nayak

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Ms. Trisha Rakshit Ms. Rajashree Tah Mr. Gourab Das …for the petitioner

Mr. Sounak Bhattacharya Mr. Sounak Mondal Mr. Abhirup Halder …,for the opposite party

This is an application under Section 24 of the Code of Civil Procedure seeking transfer of the Matrimonial suit being no. 3509 of 2017 pending before the court of learned Additional District Judge, 1^st Court, Serampore to any competent court at Paschim Bardhaman, Asansol.

The petitioner contended that the petitioner was married with the opposite party on 22.5.2017 according to Special Marriage Act, 1954. The petitioner alleged that since her in laws were not satisfied with the articles and ornaments given at the time of marriage, the opposite party and his family members inflicted physical and mental torture upon the petitioner. She further alleged that the opposite party and his family members created pressure upon the petitioner not to continue her relationship with her parents. The petitioner also stated

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that some unfortunate incidents took place on 25.5.2017 and 26.5.2017, on which dates she was allegedly humiliated, insulted and assaulted physically. The petitioner alleged that with the passage of time the misery of the petitioner increased at her matrimonial home. Since the torture increased day by day, the opposite party was compelled to return to her paternal home. After return at her father’s home, she lodged a case under the provision of Protection of Women from Domestic Violence Act which is pending before the court of learned Judicial Magistrate, 5^th Court, Asansol. Subsequently, the opposite party herein filed aforesaid suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which is pending in the court of learned Additional District Judge, Serampore, Hooghly.