SAYANI PANDEY Vs. AMITABHA PANDEY

JUDGEMENT

(1.) In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner -wife has prayed for, transfer of the matrimonial suit filed by the opposite party -husband and pending before the Court of the learned Additional District Judge at Jangipur, Murshidabad to the Court of the learned Additional District Judge at Tehatta, Nadia.

(2.) On May 17, 2016 this Court directed the petitioner to serve a copy of this application on the opposite party. Today, Mr. Roy, learned advocate appearing for the petitioner filed an affidavit of service wherefrom it appears that a copy of this application forwarded to the opposite party has been returned by the postal department with an endorsement "refused". Let, the said affidavit of service be kept with the record. However, none appears on behalf of the opposite party to oppose this application. Considering the averments made in this application and the submission of Mr. Roy, I am satisfied that the petitioner has made out a prima facie case for interim protection.

(3.) Accordingly, there shall be an interim order directing stay of all further proceedings in the Matrimonial Suit No. 19 of 2016 (Amitabha Pandey -vs. - Sayani Pandey) pending before the Court of the learned Additional District Judge at Jangipur, Murshidabad till the disposal of this application.