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2020 DIGILAW 370 (CAL)

Soumita Bose (das) v. Sanjoy Bose

2020-03-05

BIBEK CHAUDHURI

body2020
JUDGMENT Bibek Chaudhuri, J. - Two Matrimonial Suits, one for restitution of conjugal rights filed by the opposite party herein pending before the learned Additional District Judge, 3rd Court at Barasat and another Matrimonial Suit No.2116 of 2019 filed by the present petitioner praying for dissolution of marriage by a decree of divorce presently pending before the 4th Fast Track Court of the learned Additional District Judge at Barrackpore are going on in two separate Courts as aforesaid between the parties. 2. The petitioner has prayed for transfer of Matrimonial Suit No.2288 of 2019 filed by the husband/opposite party from the 3rd Court of learned Additional District Judge, Barasat to the Court of the learned Additional District Judge, Fast Track 4th Court at Barrackpore. It is frankly submitted by the learned Advocate for opposite party that the opposite party has no objection if the said suit is transferred to Barrackpore but the suit filed by the opposite party being Matrimonial Suit No.2288 of 2019 may be heard analogously with Matrimonial Suit No.2116 of 2019 because in both the suits issues of facts and law are almost identical. 3. It is further submitted by the learned Advocate for the opposite party that the opposite party has objection against the allegation made out by the petitioner in the instant application touching upon the issue of cruelty allegedly perpetrated by the opposite party against the petitioner which the opposite party strongly denies. 4. It is made clear that while dealing with an application under Section 24 of the Code of Civil Procedure, this Court is not touched upon the merit of the Matrimonial Suit No.2288 of 2019 or Matrimonial Suit No.2116 of 2019. Since the opposite party is agreeable and has no objection to transfer the suit from Barasat to Barrackpur, the instant application is allowed. 5. Matrimonial Suit No.2288 of 2019 be transferred to the 4th Fast Track Court of the learned Additional District Judge, Barrackpore for trial and disposal analogously with Matrimonial Suit No.2116 of 2019. 6. Office is directed to send a plain copy of this order to both the Courts below for information and compliance. 7. C.O.245 of 2006 is, thus, disposed of. 8. Urgent photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.