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2021 Supreme(Cal) 511

JAY SENGUPTA
Debmalya Chattopadhyay – Appellant
Versus
Baisakhi Chowdhury (Chatterjee) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tapas Kr. Ghosh, Mr. Tanmoy Chowdhury.
For the Opposite Party : Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Snigdha Saha, Mr. Pronoy Basak.

JUDGMENT :

Jay Sengupta, J.

1. This is an application challenging an order dated 15.02.2019 passed by the learned Judicial Magistrate, 3rd Court, Purba Bardhaman in Misc. Case No. 175 of 2018, thereby rejecting the prayer of the petitioner for dismissal of an application under Section 125 of the Code on the ground of lack of jurisdiction and also seeking transfer of the proceeding from the learned Trial Court to a learned Court of competent jurisdiction at Bolpur, Birbhum.

2. The marriage between petitioner/husband and the opposite party/wife took place on 12.03.2017. Thereafter, disputes arose between them.

3. The petitioner filed an application under Section 12 of the Hindu Marriage Act, 1955, being MAT Suit No. 55 of 2018, before the learned District Judge, Birbhum at Suri praying for a decree of nullity of marriage. The opposite party filed a revisional application praying for transfer of the suit to the Court of the learned District Judge at Purba Bardhaman. On 20.06.2018 this Court disposed of the application by transferring the matrimonial proceeding from the Court at Suri, Birbhum to the Court at Bolpur, Birbhum.

4. On 04.06.2018 the opposite party filed an application under Sec

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