Calcutta High Court (Appellete Side)
Surajit Ghosh vs Ankita Ghosh on 7 February, 2023
7.2.2023
Ct. no. 652
sb
C.O. 1504 of 2022
Surajit Ghosh
Vs.
Ankita Ghosh
Mr. Dipendra Nath Bose ...for the petitioner
Mr. Rwitendra Banerjee
Mr. Shibasis Chatterjee ...for the opposite party
This is an application under Section 24 of the Code
of Civil Procedure seeking transfer of the Matrimonial
suit being no. 210 of 2022 pending before the court of
learned Additional District Judge, Bangaon, North 24
parganas to the court of learned District Judge, Howrah.
The petitioner contended that the petitioner was
married with the opposite party on 22nd January, 2022
according to Hindu Rites and Customs. The petitioner
alleged that after few days of marriage, wife/opposite
party used to frequently left her matrimonial house and
most of the time used to stay at her paternal house and
on being asked she used to pick up quarrel with
petitionier and other family members. On 4th December,,
the petitioner herein went to his in-laws house to take
back wife, but she refused to come back. Petitioner again
on 28.6.2021 went his in -laws's house to take her back,
but she refused to return and ultimately filed aforesaid
suit for dissolution of marriage. Petitioner further states
that distance from petitioner's residence at Howrah and
the court at bongaon is about 86 kilometres and it
involves 8 hours to and fro journey and for which
petitioner/husband is not in a position to attend the
court at Bangaon and balance of inconvenience is in
favour of the petitioner(husband) to transfer aforesaid
proceeding. The petitioner further submits that the court
at Bangaon situates far away from his present residence
and he is facing lot of inconvenience in attending the
said court at Bangaon as there is no direct
communication from Howrah to Bangaon.
Learned counsel for the opposite party vehemently
opposed the prayer for aforesaid transfer and contended
that the opposite party is an unemployed lady and
belongs to a poor family. She is being represented by
lawyer appointed from Legal Service authority and she
has no means to travel from Howrah to Bangaon court, if
the prayer for transfer is allowed.
Referring the judgment of N.C.V Aishwarya Vs. A.S.
Sarvana Karthik Sha (civil appeal no. 4894 of 2022),
learned counsel for the opposite party submits that the
Apex court has held that in case of transfer, the courts
have to take into consideration the economic soundness
of both the parties. The social strata of the spouses and
their behavioural pattern, their standard of life prior to
the marriage and subsequent thereto and the
circumstances of both the parties in eking their
livelihood and under whose protective umbrella they are
seeking their sustenance to life. Further the Apex court
was of the view that in socio economic paradism in
Indian society, generally it is the wife's convenience
which must be looked at while considering the transfer.
It appears from the submissions made by the parties
that the petitioner being an unemployed lady has
initiated one proceeding under Section 125 of the Code of
Criminal Procedure which is pending before the Bangaon
court. It is further contended that the distance involved
between the court at Bangaon and court at Howrah at
Howrah is about 172 kilometres in both ways which
involves 8 hours journey.
Considering the facts and circumstances of the
case and also considering the fact that in such cases, the
convenience of the wife is of paramount importance and
that the inconvenience that might be faced in case of
transfer by a female, for pursuing her matrimonial suit
filed by the husband, in the socio-economic situation
prevailing in country, is much more than the
inconveniences that might be faced by the husband, if
the transfer is not effected and also considering the fact
that the proceeding under Section 125 of the code is
pending before the Bangaon court where the
husband/opposite party would be required to attend, I
find no substance in the prayer and as such I am not
inclined to allow the prayer made by the petitioner.
Accordingly, C.O. 1504 of 2022 is dismissed.
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.)
