Sudeshna Das Mondal v. Arghya Mandal
Case brief
What is this about?
Transfer of pending matrimonial suit; application under Section 24 Code of Civil Procedure; withdrawal and transfer of Matrimonial Suit No. 17 of 2020 (Arghya Mandal vs. Sudeshna Das Mandal, divorce suit) from Additional District Judge, Islampur to District Judge, Raiganj, Uttar Dinajpur; convenience of applicant-wife residing at Raiganj; 115 km travel inconvenience; consolidation of all pending proceedings between spouses at one place to save expense and time; transferred suit to proceed from stage already reached; discretion of District Judge to retain or re-transfer to competent Court under his Judgeship; no affidavit-in-opposition invited - allegations deemed denied by opposite party; allowed without order as to costs; parties Sudeshna Das Mandal vs Arghya Mandal; counsel Soma Chowdhury (Bandhu); judge Biswajit Basu.
What did the court decide?
Matrimonial Suit No. 17 of 2020 (Arghya Mandal vs. Sudeshna Das Mandal) withdrawn from the Court of the Additional District Judge at Islampur, District-Uttar Dinajpur, and transferred to the Court of the District Judge at Raiganj, District: Uttar Dinajpur, who may either keep it on his own file or transfer it to any Court competent to try and dispose of it under his Judgeship; the suit to proceed from the stage at which it has already reached; applicant directed to communicate the order to the opposite party; department directed to communicate it to both Courts; allowed without any order as to costs.