Calcutta High Court (Appellete Side)
Smt. Sudipa Singha Roy vs Sri Subhamaya Singha on 9 January, 2023
9.1.2023
Ct. no. 652
sb
C.O. 3161 of 2022
Smt. Sudipa Singha Roy
Vs.
Sri Subhamaya Singha
Mr. Aninda Lahiri
Mr. Manas Malakar ...for the petitioner
Mr. Avinaba Patra
Mr. Partha Sarathi Das
Ms. Souraja De ...for the opposite party
Affidavit of service 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 no. 2 of 2022 presently pending before the court of
learned Additional District Judge, Fast Track Court, 3rd
Court, Malda to the court of learned Additional District
Judge, Barrackpore, North 24 parganas.
The petitioner contended that the petitioner is the
wife of the opposite party and their marriage was
solemnised according to the Hindu rites and customs on
5.1.2022. The petitioner further allged that since she
was driven out and abandoned by the opposite party in
the year 2015, she is presently residing with her father's
house at Belgharia, North 24 parganas. The petitioner
further submits that they are blessed with a female child
who is now aged about 7 years and pursuing her studies
at a local school. She further submits that she is facing
tremendous difficulties to contest the suit at Malda
which is at a distance of about 400 kilometres from the
petitioner's place of residence. She further alleged that
on 26.7.2022 when the petitioner reached Malda to
attend the said court, she was obstructed and wrongfully
restrained by the opposite party along with his
associates and against such illegal activities on the part
of the opposite party, the petitioner rushed to the nearest
Englishbazar Police Station on the same day and duly
reported the matter and lodged written complaint. In
view of the facts of the case, the petitioner is very much
frightened and afraid of that opposite party and his
associates and accordingly, she has prayed for aforesaid
transfer.
The petitioner in this context, has relied upon two
judgments, one Susmita Singh Vs. Kumar Sanjay
reported in AIR 2002 SC 396 and another Ms.
Shakuntala Modi Vs. Om Prakash Bharuka reported in
(1991) 2 SCC 706 and contended that the wife's
convenience must be looked at while disposing of such
application for transfer.
Learned counsel for the opposite party submits
that he has specific instruction that the petitioner is not
an unemployed lady. He further submits that even if this
court pleases to transfer the said proceeding, it may be
transferred in a place which would be almost in an equal
distance from the residence of both the parties.
Having considered the facts and circumstances of
the case and that distance in between the two places is
about 400 kilometres and that the petitioner is the
custodian of a female child who is school going and that
in such cases, where the husband has filed a suit for
dissolution of marriage, the convenience of the petitioner
is of paramount importance and wife's convenience must
be looked at while considering such prayer and also
considering the distance which is an important factor for
both the parties, C.O. 3161 of 2022 is disposed of with a
direction upon the learned District Judge, Malda to
withdraw the matrimonial suit no. 2 of 2022 presently
pending before the court of learned Additional District
Judge, Fast Track Court, 3rd Court, Malda 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.
The department is directed to send a copy of the
order to the learned District Judge, Nadia at Krishnagar
and learned District Judge, Malda.
Accordingly, C.O. 3161 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.)
