Calcutta High Court (Appellete Side)
Sri Pankaj Kumar Datta vs Smt. Mousumi Dutta on 18 November, 2021
11 18.11.
AGM 2021
RKB
Ct
C.O. 996 of 2021
Sri Pankaj Kumar Datta
Versus
Smt. Mousumi Dutta.
(Via Video conference)
Mr. Susenjit Banik,
Mr. Sanjib Seth.
Ms. Sutapa Mukhopadhyay.
... For the petitioner.
Mr. Ivan Roy,
... For the Opposite Party.
This is an application under Section 24 of the
Code of Civil Procedure, seeking transfer of a
Matrimonial Suit No. 288 of 2018, from the Court of
learned Additional District Judge, 1st Court, Paschim
Medinipure to the Court of the learned Additional
District Judge, Uluberia, Howrah.
Mr. Susenjit Banik, Learned advocate
representing the husband/petitioner submits that the
wife has filed suit for divorce against the husband
taking grounds of cruelty and adultery etc, after
abandoning the male child in the custody of
petitioner/husband on 17th February, 2017. The
marriage was admittedly held between the parties on
20th April, 2001, and the male child was born on 23rd
February, 2003.
It is submitted by the petitioner that the
husband/petitioner is a practicing advocate of
Horwah Court, and he is attached with the profession
for the last 15 years. The opposite party/wife has
neither sought for custody of the child, nor has filed
any application seeking maintenance from the
husband under the provisions of law.
It is thus contended that besides remaining
engaged in the profession, the husband/petitioner
has to look after the child, after the child was
abandoned by the mother/opposite party. In such
context, it would be very difficult for the
petitioner/husband to participate in the hearing
process of matrimonial suit, now pending at Paschim
Medinipur Court, after disturbing his profession and
also putting his minor son in much distress.
Accordingly petitioner/husband has proposed for
transfer of this case, now pending at Paschim
Medinipur Court to the Court of Additional District
Judge, Uluberia, Howrah, what according to
petitioner would be much more convenient for him to
attend the court in the interest of effective hearing of
the matrimonial suit.
Per contra, Mr. Ivan Roy, learned advocate
representing the wife/opposite party submits that for
some matrimonial differences, the opposite party has
been made to stay in her parental house at Debra
and she is totally dependant on her parents, and her
father is also a senior citizen. Learned advocate for
the opposite party contends that it would be equally
difficult for the opposite party/wife to take part in
hearing process travelling a distance of more than 65
kilometers away from her paternal house, and that
too in Covid situation after incurring the necessary
expenses of travelling.
As regards the contention raised against the
opposite party/wife, it is strongly refuted by the
learned advocate for the opposite party. Learned
advocate for the opposite party taking such grounds
raises objection against the proposed transfer.
Admittedly, there is no dispute between the
parties as regards the solemnization of marriage, held
between the parties and the son born out of their
wedlock. Further admitted position is that presently
the wife is staying in her paternal house at Debra. It
is equally true that husband/petitioner is engaged in
legal profession and a practicing advocate of Howrah
Court.
While making consideration of instant prayer
for proposed transfer, the professional loss of
petitioner/husband, if there be any, and the
consequent harassment of opposite party/wife must
be of highest significance. At the same time, it is
more important to be taken in view that the wife has
no existing income at the moment, but for her
sustenance till date, the wife/opposite party has not
filed any application seeking maintenance from the
Court.
The present matrimonial suit is at the stage of
reconciliation. Paschim Medinipur, where the
matrimonial suit has been instituted by wife/opposite
party, is about 35 kilometers away from her parental
house. Taking into such accounts, if the pending
matrimonial suit is transferred to a suitable location,
where it is expected to curtail the comparative
harassment of the parties to the case, that would not
cause any prejudice to either of the parties. Tamluk
is a district headquarter of Purba Medinipur, which is
effectively and conveniently commutable from Debra
(Paternal house of petitioner) having several
conveyances to reach over there. More so, Tamluk,
Purba Medinipur is well connected from Howrah, not
only by train, but also by road, and it may be covered
travelling a journey of two and a half hours (approx).
Having considered submissions of both sides
and comparative advantages and harassment of the
parties, the case is thus transferred to 1st Court,
Additional District Judge, Tamluk, Purba Medinipur.
Since expenses are involved to undertake
journey from Debra to Tamluk, learned advocate for
the petitioner assures the Court that necessary
expenses will be borne by the husband/petitioner
enabling her to particapate on each date of hearing,
subject to filing any application by the opposite
party/wife before the learned court below.
Learned Additional District Judge, 1st Court,
Paschim Medinipur, is directed to transfer
Matrimonial Suit No. 288 of 2018 (CIS No. 150 of
2018) from his file to the Court of learned Additional
District Judge, 1st Court, Tamluk, Purba Medinipur
within fortnight from the date of communication of
this order.
The Court makes it clear that learned
Additional District Judge, 1st Court, Tamluk, Purba
Medinipur, after receipt of the case record, shall
proceed to go-ahead with the proceeding.
Both parties are accordingly directed to ensure
their appearance before the transferee Court on 20th
January, 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)
