10.01.2023

Item No.11

Ct. No.7

CHC

(disposed of)

C.O. 3816 of 2022

Dr. Bhubandeep Mukhopadhyay

C & C R

Vs.

Smt. Sudeshna Mukhopadhyay

Mr. Suhrid Sur

…for the petitioner

Mr. Tanmoy Chowdhury,

Ms. Ritoprita Ghosh

…for the opposite party

Adverting attention to order dated 25^th November,

2019, passed in Misc. Case No.45 of 2019, permitting

transfer of Matrimonial Suit No.908 of 2012

(renumbered as Mat. Suit No.469 of 2013) and Mat.

Suit No.568 of 2018, Mr. Suhrid Sur, learned

advocate appearing for the petitioner submits that

both the suits mentioned above have already been

transferred from the court of learned Additional

District Judge, 1^st Court, Serampore to learned

Additional District Judge, Fast Track Court,

Chandernagore for the speedy disposal.

As per submission disclosed by the petitioner

whenever both these Matrimonial Suits have been

directed to be transferred to transferee court, all the

pending applications together with Misc. Cases, if any

connected therewith, have to be transferred to the

transferee court, otherwise there may be conflict of

opinions in the event of Misc. Case filed by either of

the parties to this case being decided by different

courts.

Per contra, Mr. Chowdhury, learned advocate

appearing for the opposite party submits that the

Misc. Case filed before Serampore Court by the wife

should be allowed to be continued before the

transferor court, because the lis of Misc. Case as well

as the lis of Matrimonial Suit is quite different, and

this should be considered in different perspective.

Having considered the submission of both sides,

the Court is not prepared to accept the submission as

advanced by the learned advocate for the opposite

party/wife, the reason being is that whenever both

the suits have already been transferred to

Chandernagore Court to Serampore Court, all the

applications and the Misc. Cases filed connected with

those two Mat Suits, mentioned hereinabove, have to

be taken up by the transferee court.

While taking up such interlocutory application in

both the Mat. Suits including Misc. Case, appropriate

opportunity of hearing should however, be extended

to both the parties.

When there is nothing available at the moment

that the order passed under Section 24 C.P.C. has

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been challenged before any superior forum at this

stage, the pending Misc. Cases should not be allowed

to be continued by the transferor court, i.e.Serampore

Court. The Misc. Case along with connected

interlocutory applications, if there be any, still left

untransmitted to the transferee court, same may be

transferred to the transferee court within three weeks

from the date of communication of this order upon

notice to the opposite party.

The revisional application stands disposed of.

The amount, however, granted by the transferee

court before the order of transfer under Section 24

C.P.C. will however remain alive.

Parties are directed to make communication of this

order to the court below.

Urgent certified photostat copy of this order, if

applied for, be given to the parties as expeditiously as

possible on compliance of all necessary formalities.

(Subhasis Dasgupta, J.)

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