Amrita Roy vs Soumen Chaki - 2024 Supreme(Cal) 1611

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2024 Supreme(Cal) 1611

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
BIVAS PATTANAYAK
Amrita Roy – Appellant
Versus
Soumen Chaki – Respondent

Advocates Appeared:
For the Petitioner:Mr. Joyjit Choudhury, Advocate, Mr. Ajay Singhal, Advocate, Mr. Somraj Paul, Advocate, Ms. Sunayana Paul, Advocate
For the Opposite Party :Mr. Milindo Paul, Advocate, Mr. Nabankur Paul, Advocate, Ms. Sutapa Sen Paul, Advocate, Mr. Subham Das, Advocate

JUDGMENT :

Bivas Pattanayak, J.

1. This civil revisional application has been filed by the petitioner under Article 227 of the Constitution of India challenging Order No.89 dated 3^rd February, 2024 passed by learned Additional District Judge, 2^nd Court, at Siliguri in Misc. Case No. 1 of 2022 (arising out of Mat Suit No. 435 of 2021).

2. The brief fact of the case is that the opposite party filed application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the present petitioner being Mat Suit No. 435 of 2021. The opposite party also filed an application under Section 26 of the Hindu Marriage Act, 1955 being Misc. Case No. 1 of 2022 praying for custody of the minor daughter. The petitioner on the ground of cruelty filed an application for divorce under Section 13 of the Hindu Marriage Act, 1955 which has been registered as Mat Suit No. 114 of 2022. Upon joint prayers of the parties, both the suits being Mat Suit No. 435 of 2021 and Mat Suit No. 114 of 2022 were directed to be tried analogously. The application of the opposite party under Section 26 of the Hindu Marriage Act, 1955 was allowed on 3^rd February, 2024 by the learned Trial Court dir