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2019 Supreme(Cal) 248

SAHIDULLAH MUNSHI
Abhijit Ghosh – Appellant
Versus
Jayita Ghosh (Nee Chatterjee) – Respondent


Advocates Appeared:
Aniruddha Chatterjee, Adv., Srijib Chakraborty, Adv., Raja Tarafdar, Adv., Subhadeep Sen, Adv., Asif Sohail Tarafdar, Adv., Sudeshna Basu Thakur, Adv.

JUDGMENT :

Sahidullah Munshi, J.

This revisional application is directed against Order no. 33 dated 1st May, 2018 passed by the learned Additional District Judge, 16th Court, Alipore in Miscellaneous Case No. 420 of 2017. The Miscellaneous Case arose out of an application under Section 24 of the Hindu Marriage Act filed by the wife in Matrimonial Suit No. 53 of 2015 (renumbered as No. 2 of 2017) initiated by the husband under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 against the opposite party/wife. The husband resides in Malaysia whereas the wife resides in India.

2. Before the present application under Section 24 of the Hindu Marriage Act had been filed before this Court the wife/opposite party filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'PWDV Act'), registered as A.C. No. 1159 of 2013 together with an application under Section 23 of the said Act on 26th February, 2014 before the learned Judicial Magistrate, 4th Court at Alipore. In the said proceeding the learned Magistrate was pleased to dispose of the application under Section 23 of the PWDV Act of 2005 directing the petitioner to pay











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