RENUKA PANDA Vs. RAM KRISHNA PANDA AND ORS.

JUDGEMENT

(1.) THIS is an application under Section 24 of the Code of Civil Procedure, 1908, (in short "the Code") In this application, the petitioner has prayed for transfer of the application filed by her under Section 151 of the Code, in Matrimonial Suit No. 140 of 1985 before the learned Judge, 10th Bench, City Civil Court at Calcutta to the Family Court, District - Calcutta.

(2.) THE case of the petitioner in this application is stated below.

(3.) IN support of the application, Mr. Chandra submitted that the said application under Section 151 of the Code filed by the petitioner is a "proceeding" under Section 24 of the Code and in view of the provisions in Sub -section (5) of Section 24 of the Code, this Court has the jurisdiction to transfer the said application from the learned Judge, 10th Bench, City Civil Court at Calcutta, which lacks the jurisdiction to entertain the said application to the appropriate Bench of the learned Family Court, Calcutta. He also relied on the decision of this Court in the case of Power Grid Corporation of India Limited v. Musluck Corporation & Ors. reported in : (2015) 2 Cal LT 379(HC)