The Single Judge bench of Justice Shampa Dutt (Paul) of the Calcutta High Court in the case of Sk. Sirajuddin Vs The State of West Bengal & Anr rejected the application of the petitioner/husband for transfer of the case as his only intention is to cause inconvenience or may be harassing the wife.
Brief Facts:
The factual matrix of the case is that the petitioner and the opposite party were married according to Muslim rites and customs. Thereafter, the opposite party used to pick up quarrels on trifle matters, expressing her dissatisfaction, as the petitioner, herein, is not up to her expectation. Furthermore, the petitioner suddenly received an application under Section 125 of the Code of Criminal Procedure submitted by the opposing party no. 2, seeking maintenance before the Court. The petitioner filed a challenge to the stated application, claiming concerns about its maintainability. However, the learned Magistrate issued an order rejecting the petitioner's claim on the grounds of maintainability.
Contentions:
The learned counsel appearing on behalf of the petitioner has contended that the learned judge rejecting the application on the ground of maintainability is illegal. It was further submitted that the order of the learned Magistrate is bad in law and liable to be set aside and if the instant proceeding is allowed to be continued any further it will be an abuse of the process of law and as such it is prayed that the order under revision should be quashed and set aside and the case before the learned Judicial Magistrate, 6th Court, Burdwan be transferred to any other District.
The learned counsel appearing on behalf of the opposite party has contended that she has filed an application under section 125 CrPC in Burdwan as she is currently residing there.
Observations of the Court:
The Hon’ble Court stated that it is clear that clauses (b) and (c) of Sub-section 1 of Section 126 of the Cr.P.C. relate to the wife and the children under Section 125 of the Cr.P.C. The benefit given to the wife and the children to initiate proceedings at the place where they reside is not given to the parents.
The High Court relied upon the judgment of the Apex Court titled Vijay Kumar Prasad vs. State of Bihar & Ors.
The decision of the Court:
The Hon’ble Calcutta high court rejected the application of the petitioner/husband for transfer of the case as the intention of the petitioner/husband as it appears from his prayer is that the case may be transferred to any Court of law except Burdwan goes to prima facie prove that his only intention is to cause inconvenience or maybe harass the petitioner/wife.
Case Title: Sk. Sirajuddin Vs The State of West Bengal & Anr
Case No: CRR 1055 of 2019
Coram: Hon’ble Justice Shampa Dutt (Paul)
Advocate for the Petitioner: Ms. Busera Khatun.
Advocate for the Respondent: Mr. Apurba Kumar Dutta.
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