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2022 Supreme(Cal) 235

AJOY KUMAR MUKHERJEE
Md. Nur Hassain @ Noor Hossain – Appellant
Versus
Thumpa Bibi @ Nashima Khatun – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nasreen Islam.
For the Respondents: Rudra Prasad Matilal, Rajesh Agarwal.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. This revisional application has been preferred for transferring the case record being A.C. Case No. 310 of 2019 (Thumpa Bibi @ Nashima Khatun vs. Md. Nur Hossain @ Noor Hossain and Others) filed under Section 12 of the Protection of Women from Domestic Violence Act (in short P.W.D.V. Act) pending before the court of learned Judicial Magistrate, 9th Court at Alipore, South 24 Parganas to the court of learned Additional Chief Judicial Magistrate at Lalbagh, Murshidabad.

2. It has been contended that the petitioner no. 1 got married with respondent no. 1 according to Mohammedan Law and their marriage was duly registered on 7.8.2015 in Murshidabad and out of said wedlock a female child was born on 24.9.2016. After about 4 years of marriage, the wife/de facto complainant lodged a complaint against the present petitioners under Section 498A/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, which is pending before the learned Additional Chief Judicial Magistrate at Lalbagh, Murshidabad. Now, the said complainant/wife has again filed a case under Section 12 of the P.W.D.V. Act against petitioners herein before the learned J

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