Calcutta High Court (Appellete Side)
Puja Biswas vs Ashik Ikbal Khan on 3 January, 2023
3.1.2023
Ct. no. 652
sb
C.O. 1107 of 2022
Puja Biswas
Vs.
Ashik Ikbal Khan
Mr. Altamash Alim
Mr. Sumit Biswas
Mr. Sarangam Chakraborty
Ms. Rajashree Bhowmick ...for the Petitioner
Affidavit of service filed by the petitioner, is taken
on record. In spite of service, opposite party is not
represented.
This is an application under Section 24 of the Code
of Civil Procedure seeking transfer of Mat suit no. 133 of
2022 presently pending before the court of learned
District Judge, Purba Mediniporea at Tamluk to the
court of learned District Judge, Alipore, South 24
parganas having jurisdiction.
The petitioner contended that the petitioner was
married with the opposite party on 16.2.2021. The
Petitioner alleged that the opposite party has driven her
from her matrimonial house within three months of their
marriage. The petitioner further alleged that she was
beaten up and caused bodily injury by her
husband/opposite party on demand of dowry and she
was mentally traumatised and was forced to convert her
religion. The petitioner has already initiated a criminal
proceeding under Section 498A/406/34 of the Indian
Penal Code which is pending before the learned
Magistrate, Alipore. As a counter blast, opposite
party/husband has initiated aforesaid suit for
dissolution of marriage in the court of learned District
Judge, Purba Medinipore at Tamluk. The petitioner
submits that she is eager to contest and defend the said
suit but in view of strained relationship and the distance
involved between the two places which is more 100
kilometres, the petitioner is facing lot of inconvenience in
attending the said court at Tamluk. The mode of
transportation is also not very conjenial for a lady on
consideration of the distance and timings. She further
alleged that the strained relationship is persisting
between the parties and the past conduct of the opposite
party has caused her severe anxiety, mental agony and
anguish and in such a mental condition, it is absolutely
impossible for her to travel alone and defend said case at
Tamluk. The petitioner is suffering from various ailments
and is not keeping good health for a considerable period
of time. Accordingly, the petitioner has sought for
aforesaid transfer.
The petitioner in support of her contention has
relied upon a judgment of the Apex court reported in
2022 LiveLaw (SC) 627 (N.C.V. Aishwarya vs. A.S.
Saravana Karthik Sha).
Having considered the facts and circumstances of
the case and the distance involved between the two
places and that the criminal proceeding initiated by the
petitioner is pending before the court of learned
Magistrate, Alipore, where the opposite party would be
required to attend and that the settled principle of law is
that in the prevailing socio economic paradigm in the
Indian society, generally, it is the wife's convenience,
which must be looked at while considering the transfer, I
find that this is a fit case where the prayer made by the
petitioner is allowed.
In view of above, learned District Judge, Purba
Medinipore, Tamluk is hereby directed to withdraw the
Mat suit no. 133 of 2022 presently pending before the
court of learned District Judge, Purba Mediniporea at
Tamluk and to transmit the same to the court of learned
District Judge, South 24 parganas, Aliopore within a
period of three weeks from the date of communication of
the order, for disposal.
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, Purba Medinipore,
and learned District Judge, south 24 parganas, Alipore.
Accordingly, C.O. 1107 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.)
