Calcutta High Court (Appellete Side)
Smt. Swagata Roy Dey vs Sri Deborshi Roy on 8 February, 2023
8.2.2023
Ct. no. 652
sb
C.O. 1164 of 2022
Smt. Swagata Roy Dey
Vs.
Sri Deborshi Roy
Mr. Rwitendra Banerjee
Mr. Shibasis Chatterjee
Mr. Debdutta Pathak ...for the petitioner
Mr. Pinaki Ranjan Chakraborty
...for the opposite party
Affidavit-in-reply filed by the petitioner is taken on
record.
This is an application under Section 24 of the Code
of Civil Procedure seeking transfer of the Matrimonial
suit being no. 280 of 2017 pending before the court of
learned District Judge, Berhampore, Murshidabad to the
court of learned Additional District Judge, Barrackpore,
North 24 parganas.
The petitioner contended that the petitioner was
married with the opposite party on 29th January, 2015
according to Hindu Rites and Customs. The parties are
blessed with a male child. The petitioner alleged that she
was driven out from her matrimonial home and she had
to take shelter at his father's work place at Berhampore.
Subsequently, after his father's superannuation, she
along with her child, shifted to her father's
accommodation at Kharda within the jurisdiction of
Barrackpore court where she is residing along with her
child. Aforesaid suit for restitution of conjugal rights,
filed by the opposite party/husband against the
petitioner/wife is pending in the court of learned District
Judge, Berhampore, Murshidabad which situates at a
distance of about 179 kilometres from the petitioner's
present residence. The petitioner further submits that in
order to attend the said proceeding at Berhampore, the
petitioner has to take rickshaw to Sodepur station and
from there she has to board a local train to reach
Ranaghat station. From there she has to board another
train to reach Berhampore station, which takes almost
four hours and she has to return on the same day. She
has no accommodation nor she has any relative at
Berhampore and a single day's journey involves a cost of
Rs. 600/-. The petitioner is accordingly facing extreme
inconvenience to attend the said proceeding at
Berhampore. Accordingly, the petitioner has prayed for
aforesaid transfer.
Learned counsel for the opposite party raised
objection and contended that the opposite party is now
posted in a responsible post in the District office at
Berhampore and if the prayer for transfer is allowed,
then it will be inconvenient for him to attend the said
proceeding as he will not be allowed to take leave on
every occasion. Considering the convenience for both the
parties, learned counsel for the opposite party suggests
that the case may be transferred to such a court, which
situates at a mid point of the two stations so that neither
party will face any inconvenience.
In view of the judgment reported in N.C.V.
Aishwarya Vs. A.R. Saravana Karthik Sha (2022 Live Law
(SC) 627, the cardinal principle for exercise of power
under Section 24 of the Code is that the ends of justice
demands the transfer of suit. It is also settled position of
law that under the prevailing socio-economic paradism in
the Indian society, generally, it is the wife's convenience
which must be looked at while considering transfer.
Considered the balance of convenience and
inconvenience of the parties and economic soundness of
both the parties and that petitioner is custodian of a
school going child and also the disatnce involved in
between the two stations and also in view of settled
position of law, which learns in favour of petitioner/wife
and also the social strata of the parties, I am of the
considered opinion that if the case is transferred from
where it is pending to the court of learned Additional
District Judge, Ranaghat, neither party will have a cause
to prejudice.
Learned District Judge, Berhampore, Murshidabad
is hereby directed to withdraw the Matrimonial suit
being no. 280 of 2017 pending before the court of
learned District Judge, Berhampore, Murshidabad and
to transmit the same to the court of learned District
Judge, Nadia at Krishnagar within a period of three
weeks from the date of communication of the order, who
in turn will transfer the same to the court of learned
Additional District Judge Ranaghat having jurisdiction to
try the suit within a period of three weeks thereafter.
The transferee court shall serve fresh notice upon
both the parties intimating the next date of hearing
before proceeding further with the aforesaid suit and
learned transferee court will continue the proceeding at
the stage where it reached till date.
The department is directed to send a copy of the
order to the learned District Judge, Berhampore,
Murshidabad and learned District Judge, Nadia at
Krishnagar immediately.
Accordingly, C.O. 1164 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.)
