Calcutta High Court (Appellete Side)
Sudipa Bhattacharya vs Taraknath Chattopadhyay on 27 March, 2023
S/L 10
27.3.2023
Court No.652
SD
CO 1591 of 2021
Sudipa Bhattacharya
Vs.
Taraknath Chattopadhyay
Mr. Bitasak Banerjee
... for the Petitioner.
Mr. Supriya Sarkar
Mr. Saikat Nag
Ms. Piyasa Mazumdar
... for the Opposite Party.
This is an application under Section 24 of the Code of
Civil Procedure at the instance of the petitioner seeking
transfer of Matrimonial Suit No.33 of 2020 from the Court
of learned Additional District Judge, 2nd Court at Burdwan to
the court of learned Additional District Judge, Rampurhat,
Birbhum.
Petitioner contended that the she was married with
the opposite party according to Hindu rites and customs on
February 19, 2019. The petitioner states that after marriage
she had gone with her husband in Kerala which was the work
place of her husband, where she was subjected to mental
torture and harassment by her husband.
She further alleged that on 09.7.2020 she was
tortured by her husband and other in laws at her
matrimonial house at Burdwan and later her husband
suddenly disappeared without informing anything to her and
lodged complain against her. The petitioner has also lodged
a diary at Burdwan Police Station on 14.7.2020. On
15.7.2020 she was allegedly driven out from her matrimonial
house and since then she is residing at her paternal house
and the opposite party is not in touch with the petitioner
since then.
The petitioner has annexed certain documents and
tried to establish that she had done her level best to continue
the matrimonial tie but it did not yield any fruitful result. As
such, the petitioner presently under compelling
circumstance residing at Rampurhat.
All of a sudden, the husband/opposite party filed
aforesaid suit seeking dissolution of marriage which is
presently pending before the learned Additional District
Judge, 2nd Court, Burdwan. The petitioner states that she
feels insecured to travel such a long distance as she has no
other person to accompany her.
She further states that the court at Burdwan situates
at a distance of 240 kms. from her present place of residence
and she is not habituated to make such long journey alone
and as such, she is suffering lot of difficulties in attending
the said proceeding at Burdwan. Accordingly, she has
sought for aforesaid transfer.
Learned counsel appearing on behalf of the opposite
party raised objection contending that the distance and time
taken for the journey as mentioned in the application for
transfer is not correct. Moreover, the husband's difficulties
must not be ignored while dealing with such application and
if the husband has difficulty to contest the proceeding at a
place which is convenient to the wife, that aspect also needs
to be looked into.
In this context he further contended that his father-
in-law is politically influential person in the locality and if it
is transferred in the court at Rampurhat, there is every
possibility that his father-in-law and his associates will
create hindrance from getting justice from the said court.
The opposite party in support of his contention shown
copies of written complaint lodged at Burdwan Police Station
on different occasions. He relied upon a judgment of Apex
Court in the case of Krishna Veni Nagam vs. Harish
Nagam.
Having considered the facts and circumstances of the
case and also considering the balance of convenience and
inconvenience of both the parties in terms of geographical
location and availability of public transportation in the
locality and the allegation and counter-allegation as leveled
by the parties and that the suit being husband's suit for
divorce, wife's convenience is to be looked at, I find that if
the case is transferred in the court at Bolpur having
jurisdiction neither party will face much difficulties in
proceeding further with the suit.
Accordingly, learned District Judge, Purba
Bardhaman is hereby directed to withdraw the Matrimonial
Suit No.33 of 2020 from the Court of learned Additional
District Judge, 2nd Court, Burdwan and to transmit the case
record to the Court of learned District Judge, Birbhum at
suri 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 at
Bolpur having jurisdiction to try the suit within a period of
three weeks thereafter.
The transferee court shall give fresh notice intimating
the next date of hearing upon both the parties before taking
up further proceeding of the suit and the transferee court
shall proceed with the suit at the stage where it reached till
date.
Department is directed to send a copy of this order to
the learned District Judge, Purba Bardhaman as well as
learned District Judge, Birbhum at suri immediately.
With these observations, C.O. 1591 of 2021 is disposed
of.
Since the opposite party was not asked to file
affidavit-in-opposition, the allegations leveled by the
petitioner in the application against opposite party deemed
to have not admitted by the opposite party.
There will be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be given to the parties upon compliance of all
necessary formalities.
(Ajoy Kumar Mukherjee, J.)
