Baby Sarkar (Shome) Vs. Pardip Sarkar - Court Judgment

Excerpt:

family - transfer petition - martimonial suit pending before court of district judge, barasat (w.b.) transferred to court of principal judge, family court, munger (bihar) - transfer petition allowed. [para 2, 3 ] - indian penal code, 1890 section 300: [dr. arijit pasayat & dr. mukundakam sharma, jj] murder case - solitary eye-witness - eye witness related to deceased, yet not disclosing about incident for 10 days - explanation offered that suddenly he became conscious of his constitutional duties held, it is hardly believable. manner of assault described by witness with precision even though many accused had participated in incident is equally unnatural. acquittal of accused is not improper. 1. despite service of notice, the respondent-husband is not present in-person nor represented by any counsel.2. in the facts and circumstances stated in the petition, the matrimonial suit no. 1028 of 2007 titled pradip sarkar v. smt. baby sarkar (shome) pending before the court of district judge, barasat (w.b.) is transferred to the court of principal judge, family court, munger (bihar). the transferee court shall either decide the case itself or entrust the same to some other competent court for trial.3. the transfer petition is accordingly, allowed.