Soma Bishnu Nee Dey vs Sri Sadhan Bishnu
2022 Latest Caselaw 7491 Cal

S/L 4
11.11.2022

Court No.652 SD CO 2321 of 2022

Soma Bishnu nee Dey Vs.

Sri Sadhan Bishnu

Mr. Sourav Roy Mr. Rajib Acharyya Ms. A. Chakraborty ... for the Petitioner.

Mr. Shibaji Kumar Das Mr. Ahshan Ahmed ... for the Opposite Party.

Supplementary affidavit filed by the petitioner in

court today be kept with the record.

This is an application under Section 24 of the Code of

Civil Procedure at the instance of the petitioner seeking

transfer of Matrimonial Suit No.1295 of 2022 from the Court

of learned 2nd Additional District Judge, Barrackpore to the

Court of learned District Judge, at Alipore, South 24-

Parganas.

The petitioner has contended that the marriage

between the petitioner and the opposite party was

solemnized according to Hindu rites and customs on

February 18, 2018. The petitioner alleges that during her

stay at her matrimonial home, the opposite party/husband

used to ill treat her both mentally and physically and she had

no privacy or freedom in her matrimonial home.

The petitioner submits that she is an unemployed lady

and she has already filed a case under Section 125 of the

Code of Criminal Procedure claiming maintenance which is

presently pending before the learned 5th Judicial Magistrate,

Alipore, South 24 Parganas. It is alleged that in the

meantime, in order to put the petitioner/wife in trouble, the

opposite party/husband has filed the aforesaid matrimonial

suit for dissolution of marriage, which is now pending before

the learned 2nd Additional District Judge, Barrackpore,

North 24-Parganas. She further submits that it would be

absolutely hardship for her to travel alone from Kolkata to

Barrackpore and communicate with the advocate therein.

The maintenance case initiated is pending before the Alipore

Court where the opposite party has already appeared and

also contesting and as such, the petitioner has made the

aforesaid prayer for transfer in Alipore court.

Learned counsel appearing on behalf of the opposite

party submits that the Court at Sealdah situates close to

Sealdah railway station which is in the mid point in between

the Barrackpore and Alipore and it would be convenient for

the opposite party if the said transfer is made to the court

situates at Sealdah and it is also close to his present place of

posting. In support of his contention, he has referred one

judgment of this Court passed in CO 4569 of 2016 (Annu

Sharma vs. Sri Sanjay Sharma).

Having considered the aforesaid facts and

circumstances of the case and that the inconvenience likely

to be faced if petitioner is required to attend Barrackpore

Court from her present place of residence at Basdroni,

Kolkata, the prayer for transfer ought to be allowed. But at

the same time while considering application for transfer the

convenience of the husband cannot be totally overlooked.

Here considering location, predominant factor is neither of

the parties will have any cause to prejudice if said

matrimonial suit is transferred to the court of Additional

District Judge, Sealdah, as Sealdah Court situates almost in

the mid point in between the two places as such I dispose of

this application by transferring the said matrimonial

proceeding from the court of learned 2nd Additional District

Judge, Barrackpore to the Court of learned Additional

District Judge at Sealdah.

In view of the above, learned District Judge, Barasat is

hereby directed to withdraw the Matrimonial Suit No.1295 of

2022 from the court of learned 2nd Additional District Judge,

at Barrackpore, North 24 Parganas and to transmit the same

to the Court of learned District Judge, South 24-Parganas at

Alipore within a period of three weeks from the date of

communication of the order. The learned District Judge,

Alipore in turn will transmit the same to the learned

Additional District Judge, Sealdah having jurisdiction to try

the case within a period of three weeks thereafter.

The transferee court at Sealdah shall give fresh notice

intimating the next date of hearing upon both the parties

before taking up for further proceeding of the suit.

Department is directed to serve a copy of this order to

the learned District Judge, South 24-Parganas at Alipore as

well as the learned District Judge, North 24-Parganas at

Barasat.

With these observations, C.O. 2321 of 2022 is

disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of all

necessary formalities.

(Ajoy Kumar Mukherjee, J.)