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2018 Supreme(Cal) 438

SAHIDULLAH MUNSHI
RUHI SAHINA – Appellant
Versus
SYED MASIDUR RAHMAN – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Ujjaini Chatterjee, Mr. Pinak Mitra
For the Opposite Party : Mr. Supratim Laha, Mr. Parvez Hossain.

JUDGMENT :

SAHIDULLAH MUNSHI, J.

1. This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Act VIII case No.18 of 2017 arising out of Sections 7, 8 and 25 of the Guardians and Wards Act from the Court of the learned District Judge, Alipore to the Court of the learned District Judge, Paschim Medinipur. The petitioner herein is the wife who contends that she was married to the opposite party under the Muslim rites and rituals on 14.01.2012 and out of their wedlock a male child was born on 10.02.2015 who is presently aged about three and half years. The petitioner has filed a complaint against her husband on 26th February, 2016 under Sections 498A/323/427/34, I.P.C. read with Sections 3 and 4 of the Dowry Prohibition Act. Such complaint was lodged with Kotwali Police Station being Kotwali Police Station Case No.189 of 2016. (Owing to the physical and mental cruelty caused by the husband particularly stemmed out of demand for more dowry, she had to leave her matrimonial home at Diamond Harbour and presently residing at her parental residence at West Medinipur along with her said minor child below the age of five years).

2. The husband/opposite party has





















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