Suparna Dey (Manna) vs Sanjay Manna
2022 Latest Caselaw 7072 Cal

27.9.2022

Ct. no. 652 sb C.O. 1752 of 2022

Suparna Dey (Manna) Vs.

Sanjay Manna

Mr. Somnath Roy Chowdhury ...for the petitioner

Mr. Sourav Sengupta Ms. Rituparna Sil Sarkar ...for the Opposite party

This is an application under Section 24 of the Code

of Civil Procedure for transfer the Matrimonial suit no.

3646 of 2021 presently pending before the court of

learned Additional District Judge, 5th Court, Alipore, 24

Pagranas (South) to the court of learned District Judge,

Howrah.

The petitioner contended that the marriage

between the parties was registered on 1.2.2018 under

the provision of Special Marriage Act, 1954. It has been

further alleged that the petitioner was subjected to

physical and mental torture at the behest of the opposite

party and other in-laws and relatives. On 10th

September, 2018 her in laws including the opposite

party tortured the petitioner brutally demanding Rs. 2

lakhs and the decree of torture went to such an extent

that the petitioner compelled to leave her matrimonial

house being rescued by her father. Thereafter, the

petitioner lodged a complaint at Shibpur police station

being case no. 483 of 2018 under Section 498A/406/34

of the Indian Penal Code and at present it is pending

before the learned Judicial Magistrate, Howrah. The

petitioner subsequently filed an application under

Section 12 of the Protection of women from Domestic

Violence Act which is also pending before learned

Judicial Magistrate, 1st Court, Howrah. Now it appears

that the opposite party/husband has filed this suit for

dissolution of marriage before the court of learned

Additional District Judge, 5th Court, Alipore, 24

Pagranas (South) being matrimonial suit no. 3646 of

2021 on 17.12.2021.

Learned counsel for the petitioner submits that

other two proceedings namely proceeding under Section

498A of Indian Penal Code and the proceeding under

Domestic Violence Act are pending before the Howrah

court. Moreover, the petitioner has a child of three years

and she is an unemployed lady and she has none to

accompany her to attend the court at Alipore, in order to

contest the said Matrimonial suit. The petitioner's

contention is that the suit should be heard in a place

where other proceedings initiated by wife/petitioner are

pending and in this context, petitioner relied upon the

Apex court judgment reported in AIR 2016 SC 718.

Learned counsel for the opposite party submits

that the distance between Chatterjeehat to Howrah court

and Howrah court to Alipore is almost same and

therefore distance is not a factor in the present context.

Moreover, in the proceeding under the Domestic Violence

Act as per agreed terms the husband/opposite party is

paying monthly maintenance of Rs. 12,000/- per month

and accordingly, there must not be any difficulty for the

petitioner to attend the court at Alipore, which is not far

away and as such he has opposed the prayer for transfer

as made by the petitioner. The opposite party in this

context has relied upon a judgment in Shib Kumari

Devenndra Ojha vs. Ramajor Shitlaprasad ojha and

others reported in (1997) 2 SCC 452.

Having considered the facts of the case and that

the petitioner is an unemployed lady as submitted and

that she has a child aged about three years whom she is

bringing up at present and that under the socio-

economic condition, the petitioner/wife is to face more

hardship if she is required to attend the divorce

proceeding at Alipore, South 24 parganas and that other

two proceeding namely under Section 498A and in the

proceeding under Domestic Violence Act are pending

before the Howrah court where the husband/opposite

party would be required to attend, the prayer made by

the petitioner is allowed.

Learned District Judge, Alipore, 24 parganas is

directed to withdraw the Mat suit no. 3646 of 2021

pending before the court of learned Additional District

Judge, 5th Court, Alipore, 24 Pagranas (South) and to

transmit the same to the court of learned District Judge,

Howrah within a period of three weeks from the date of

communication of the order.

The transferee court shall issue fresh notice upon

both the parties intimating next date of hearing before

proceeding further with the present suit.

The department is directed to send a copy of the

order to the learned District Judge, 24 Pagranas (South)

at Alipore and learned District Judge, Howrah.

The learned transferee court is further requested to

make all endeavour for expeditious disposal of the suit

and to take every measure so that the entire proceeding

can be concluded preferably within a period of one year

from the date of communication of the order.

Accordingly, C.O. 1752 of 2022 is disposed of.

Urgent photostat certified copy of this order, duly

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

requisite formalities.

(Ajoy Kumar Mukherjee, J.)