Held that the application sought for transfer of proceedings is infructuous as the original case was withdrawn based on earlier court opinion. The respondent can pursue custody and visitation rights in the matrimonial suit.
Application disposed of as infructuous; opposite party entitled to pursue custody and visitation in matrimonial suit.
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Item No. 18 18.07.2023 Court. No. 19 GB
C.O. 738 of 2023
Sreeja Khan (Dhar) Vs. Rakesh Khan
Mr. Sourav Sen, Mr. Shibasis Chatterjee
… for the Petitioner.
Mr. Indranil Roy, Mr. Sunit Kr. Roy
… for the Opposite Party.
This is an application filed by the mother, seeking transfer of Act-VIII Case No.128 of 2022, pending before the learned District Judge at Chinsurah, Hooghly to the Court of the Learned District Judge, Mirshibadbad at Berhampore, District-Murshidabad.
On the earlier occasion, when another revisional application was moved by Mr. Roy, this Court was of the view that two parallel proceedings both in connection with the custody of the minor child, should not be allowed to continue. On this expression of opinion, Mr. Roy had prevailed upon his client, that is, the father and theopposite party in this revisional application, to withdraw Act-VIII Case No.128 of 2022 which is pending before the learned District Judge at Chinsurah, Hooghly. A copy of the letter written to the learned advocate conducting the case before the learned District Judge, Hooghly has been produced before the Court, which is kept on record.
As such, it is only a matter of course that the learned District Judge at Chisurah, Hooghly shall pass necessary
2
order when the learned advocate for the opposite party approaches the learned court within ten days from date seeking withdrawal of the same.
Thus, the revisional application has now become infructuous and the same is disposed of.
The opposite party will be entitled to pursue his application for custody and visitation right, filed in connection with the matrimonial suit.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether the revisional application seeking transfer of custody case becomes infructuous after withdrawal of the underlying proceedings.
Sreeja Khan (Dhar)
Rakesh Khan
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
