Heard learned counsel appearing for the petitioner.
The learned counsel appearing for the respondent states that
he has no objection for passing an order of transfer as prayed for.
The Learned counsel appearing for the respondent states that
even the petition under Section 125 of the Code of Criminal
Procedure, 1973 (“the Code” for short) filed by the petitioner
which is pending in the Court of the Learned Chief Judicial
Magistrate at Barasat Court, 24 Paragana be transferred to the
Family Court where the case subject matter of this petition which
is sought to be transferred is pending. As a Family Court will have
jurisdiction to try a petition under Section 125 of the Code, the
aforesaid prayer deserves to be accepted.
Accordingly, Case No.M.C. No.1949 of 2019, titled “Rahul Rai
vs. Pallabi Rai", pending before the Court of 2nd Additional
Principal Judge, Family Court, Bangalore is hereby transferred to
SignaturetheNot VerifiedCourt of the Principle Judge, Family Court, Bankshall Court, Indu Marwah
Further, the petition for maintenance being Case No.M502 of
2020 titled “Pallavi Rai (Das) v. Rahul Rai”, filed by the
petitioner against the respondent under Section 125 of Code in the
Court of the Learned Chief Judicial Magistrate, Barasat Court, 24
Paragana is also transferred to the Court of the Learned Principal
Judge of the Family Court, Bankshall Court, Hare Street, Kolkata.
Both the cases shall be heard together.
Considering young age of the parties and the nature of the
dispute, the Learned Principle Judge shall endeavour to give out of
turn priority for disposal of the cases. He may also consider the
option of referring the parties to mediation.
The transferee Court shall decide the transferred cases as
expeditiously as possible.
The Registry is directed to send a copy of this Order to the
concerned Courts immediately by e-mail for necessary compliance.
This transfer petition is allowed accordingly.