PROVA CHOWDHURY @ PRAVA CHAUDHURY Vs. DEEPAK CHOWDHURY

JUDGEMENT

(1.) In this application under section 24 of the Code of Civil Procedure the petitioner wife has prayed for, transfer of the matrimonial suit filed by the opposite party husband, claiming a decree for dissolution of marriage and pending before the Court of the learned 7th Additional District Judge, Alipore to the Court of the learned District and Sessions Judge, Paschim Medinipore.

(2.) On March 1, 2016 this Court directed the petitioner to serve a copy of this application on the opposite party. On April 5, 2016 when this application was taken up for hearing, an affidavit of service was filed on behalf of the petitioner stating that a copy of the application as was forwarded to the opposite party at his address mentioned at himself in the plaint filed in the matrimonial suit was returned by the postal authority with an endorsement insufficient address . Being prima facie satisfied with the grounds urged by the petitioner in this application on April 5, 2016 this Court passed an interim order directing stay of all further proceedings in the matrimonial suit pending before the learned Court below till May 6, 2016. The petitioner was directed to serve a copy of this application on the learned advocate representing the opposite party in the matrimonial suit before the Court below.

(3.) On April 27, 2016 when the application was taken up for hearing it was found that a copy of the application and the order passed by this Court forwarded to the learned advocate of the opposite party before the learned Court below was returned by the postal authority with an endorsement delivery attempted - misspent . The petitioner was directed to communicate the order passed by this Court to the learned advocate representing the opposite party before the learned Court below by way of personal service.