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2022 DIGILAW 438 (CAL)

Sujata Mondal (Khan) v. Saumitra Khan

2022-03-22

BISWAJIT BASU

body2022
JUDGMENT : 1. The respondent in the Matrimonial Suit No. 12 of 2022 filed by the opposite party is the petitioner of the present application under Section 24 of the Code of Civil Procedure. The petitioner by the present application is praying withdrawal of the said matrimonial suit from the Court of the learned District Judge, Bankura where it is now pending and transfer of it to any Court in or around Kolkata, competent to try and dispose of the said suit. The petitioner is alleging that on receipt of the summons of the suit she along with one learned advocate Mr. Swadesh Misra went to the Court of the learned District Judge, Bankura on February 16, 2022 to inspect the records of the said matrimonial suit but she was obstructed and was threatened with dire consequences by unknown persons on the way to the said Court for which the petitioner lodged a complaint with the concerned local police station, a photocopy whereof has been annexed with the application. The other ground on which the petitioner is seeking withdrawal of the said suit from the said Court is that she is a teacher of Shyambazar A.V. High School and to attend her duty at the said school, she is now residing at Udayan Pally, Bidhannagar, as such, it would be difficult for her to travel to Bankura from Kolkata to contest the said suit. 2. The further allegation of the petitioner is serious in nature. The petitioner alleges that she has received two summons of the said matrimonial suit having two different dates for her appearance before the learned Trial Judge. 3. In the summons issued on January 13, 2022 received by her on January 21, 2022, the date of appearance of the petitioner in the suit is March 28, 2022 but another summons received by her mother at the parental home of the petitioner on March 08, 2022, the date of appearance of the petitioner in the suit was March 03, 2022. 4. 4. The learned counsel for the petitioner submits that the issuance of two summons of the same suit, fixing two different dates of the appearance of the petitioner before the learned Trial Judge has caused a bona fide apprehension in the mind of the petitioner that she would not be able to defend the said suit in the Court of learned District Judge, Bankura as her husband is an influential person in the district of Bankura. 5. A prima facie case has been made out for further consideration of the present application after exchange of affidavits by the parties. 6. Let affidavit-in-opposition to the application be affirmed by the opposite party within two weeks from date of receipt of the copy of the application; reply thereto, if any, be affirmed by the petitioner within one week after receipt of the copy of such affidavit-in-opposition. 7. Let the matter appear for hearing before the regular Bench four weeks hence when the parties shall file their respective affidavits. 8. In the meantime, the petitioner is directed to serve copy of the application along with a copy of this order upon the opposite party by speed post with acknowledgement due. 9. Petitioner to file affidavit-of-service on the next date of hearing. 10. There shall be stay of all further proceedings of the Matrimonial Suit No. 12 of 2022[Sri Saumitra Khan vs. Smt. Sujata Mandal (Khan)] pending before the Court of the learned District Judge, Bankura for a period of five weeks from date or until further orders, whichever is earlier. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.