Dismissed

Sweta Mandal v. Dipak Kumar Das

Gauhati HC8 Jun 2018Tr.P.(C)./5/2018

Case brief

AI extract

What is this about?

The petitioner sought transfer of matrimonial proceedings to the Family Court, Guwahati. The High Court dismissed the application, holding it became infructuous as the respondent court had already passed a decree for restitution of conjugal rights before the transfer notice was communicated. Relief: Case dismissed with no other remedy specified.

What did the court decide?

Transfer petition dismissed; no other remedy available.

Sweta Mandal Vs Dipak Kumar Das — Matrimonial and Divorce | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010018312018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Tr.P.(C). 5/2018

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1:SWETA MANDAL

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D/O SRI MANGAL MANDAL, PRESENT ADDRESS-C/O SRI MANTU TAPADAR, FATASIL BAZAR, HOUSE NO. 23, OPP. KALIMANDIR, GUWAHATI-25, PS FATASIL AMBARI PARENTS HOME ADDRESSVAKRIVITA, WARD NO. 6, PO AND PS BONGAIGAON, ASSAM, PIN- 783380, MOBILE NO. 7511076323

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VERSUS

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1:DIPAK KUMAR DAS

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R/O VILLAGE- DEURIPARA, PO AND PS BONGAIGAON, OPP. DTO OFFICE

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Advocate for the Petitioner : MR. K DAS

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Advocate for the Respondent : N K BARUAH

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- B e f o r e -

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Hon’ble Mr. Justice KALYAN RAI SURANA

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08-06-2018

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Heard Mr. K. Das, learned counsel for the petitioner as well as Ms. P. Dutta, learned counsel appearing for the respondent.

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This is application under Section 24 CPC for transfer of proceeding of T.S.(M) 79/17 from the Court of learned District Judge, Bongaigaon to learned Principal Judge, Family Court, Kamrup (M), Guwahati.

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The respondent has filed affidavit-in-opposition on 02.06.2018. It appears that this

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Page No.# 2/2

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Court vide order dated 05.02.2018, while issuing notice, had suspended the proceeding of T.S. (M) 79/2017. However, the said order having not been communicated to the said learned Court, the learned District Judge, Bongaigaon, being unaware the order dated 05.02.2018 passed in Tr.P.(C) No. 79/2018 had allowed the petition filed under Section 9 of the Hindu Marriage Act, 1955 by passing a decree for restitution of conjugal rights. It further appears that the order dated 09.02.2018 was served on the learned District Judge, Bongaigaon only on 22.02.2018. The copy of the said order dated 09.02.2018 in T.S. (M) 79/2017 is annexed as Annexure-A 5 to the said affidavit-in-opposition of the respondent.

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In view of the final disposal of T.S.(M) 79/17 vide order dated 09.02.2018 is transfer petition has become infructuous.

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The transfer petition stands dismissed.

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The petition may avail any other remedy, if so advised.

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JUDGE

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Comparing Assistant

Sweta Mandal v. Dipak Kumar Das

Case brief

What is this about?

What did the court decide?

Sweta Mandal v. Dipak Kumar Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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