Tanusree Das Nee Roy vs Ranjan Das
2021 Latest Caselaw 6278 Cal

 11   13.12.
AGM    2021
RKB
 Ct
07
                                C.O. 1988 of 2021

                               Tanusree Das Nee Roy
                                      Versus
                                   Ranjan Das

                               (Via Video conference)
               Mr. Niladri Sekhar Ghosh,
               Ms. Sompurna Chatterjee.
                                   ... for the petitioner

               Mr. Siva Prosad Ghose.
                                ... for the opposite party.

                     This is an application under Section 24 of the

               Code of Civil Procedure, seeking transfer of the

               Matrimonial Suit No. 416(A) of 2021 from the Court

               of learned Additional District Judge, Barrackpore,

               North 24 Parganas to the Court of learned Additional

               District Judge, Arambagh, Hooghly.

                     Mr. Niladri Sekhar Ghosh, learned advocate for

               the petitioner/wife submits that after being deserted

               by her husband, the petitioner/wife has been staying

               in her parental house at Arambagh in a most

               neglected condition.     In the meantime, she has

               invited a maintenance case under Section 125 of the

               Code of Criminal Procedure, before the Court of

               Magistrate at Barrackpore. An execution proceeding

               is pending against the husband regarding the interim

               maintenance granted in favour of the petitioner/wife.

                     As regards the grounds set out in support of the

               proposed transfer application, financial constraints,
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distances to be covered and the harassment are

grossly focused.

      Learned advocate for the petitioner further

adverting to a document collecting from the official

web-site of the Calcutta High Court submits a

transfer application has already been filed before this

court for transferring the pending maintenance case

under Section 125 Cr.P.C. to any other suitable place

where both the parties can effectively participate in

the maintenance proceeding.

      The petitioner wife also instituted criminal case

under Section 498A/406/34 I.P.C., which has ended

in acquittal after a full trial.

      Learned advocate for the petitioner further

contends that a female child was born out of the

wedlock of the parties, who is now eight years old,

and perusing study in school at Arambagh. In such

context, learned advocate for the petitioner submits

that it would be very difficult for the petitioner/wife to

undertake     journey       simply   in   the   interest   of

participating in the hearing process of matrimonial

suit pending against her at Barrackpore, putting her

only daughter in much distress.

      Per contra, Mr. Siva Prosad Ghose, representing

opposite    party/husband          submits   that   opposite

party/husband is a Government employee, now

posted as Accountant being attached with Land and
                          3




Land      Reforms       Department.          The      opposite

party/husband has to look after his ailing parents.

Challenging     the     proposed   transfer        application,

learned advocate for the opposite party submits that

it is a very harrasive application, so that the husband

is put to face unnecessary hardship to take part in

the hearing process of the matrimonial suit, in the

event of the case being transferred to the proposed

Court. Focussing the acquittal judgement of criminal

case,      learned      advocate      for    the      opposite

party/husband         submits      that      the      opposite

party/husband after a full trial has been honourably

acquitted for want of evidence being gathered against

him.

        In a case of this nature, the comparative

advantages, disadvantages and harassment of the

parties are of highest significance. The husband

being attached with Government service, that must

be taken in view, while making consideration of the

transfer application.

        Having considered the rivel submissions of both

sides, if the pending Matrimonial suit is transferred

to Chandannagore Court within the district Hooghly,

which     is   almost     in   between      Arambagh       and

Barrackpore, as regards the distance to be covered by

either of the parties to the case, and where the

comparative harassment of the parties may be
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curtailed to a considerable degree, there will be no

prejudice caused to either of the parties to this case.

     Chandannagore             Court   is    situated        at     a

convenient location having availability of several

conveyances to reach over there by either of the

parties to this case.

     The transfer application is thus disposed of

directing    the    learned     Additional    District      Judge,

Barrackpore, North 24 Parganas to transfer the

Matrimonial Suit No. 416(A) of 2021 to the Court of

learned     Additional    District     Judge,       First   Court,

Chandanngore, District Hooghly within a fortnight

from the date of communication of this order.

     Both the parties are directed to ensure their

respective appearance before the transferee Court on

18.1.2022

.

With this observation and direction, the transfer

application stands disposed of.

Urgent certified copy of this order and

judgment, if applied for, be given to the appearing

parties as expeditiously as possible upon compliance

with the all necessary formalities.

(Subhasis Dasgupta, J)