Calcutta High Court (Appellete Side)
Smt. Arpita Sil vs Sri Sagar Nayak on 19 February, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 19.02.2019 Court No.25 33 suman C.O. 550 of 2018 Smt. Arpita Sil Vs. Sri Sagar Nayak Mr. Apurba Ghosh ...for the petitioner Mr. Sounak Bhattacharya Mr. Chandra Nath Sarkar ...for the opposite party This is an application under Section 24 of the Code of Civil Procedure (hereinafter C.P.C.) filed by the wife/petitioner against her husband/opposite party praying for transferring a suit for restitution of conjugal rights which is registered as Matrimonial Suit No. 3509 of 2017 pending before the learned Additional District Judge, Serampore to the Court of learned Additional District Judge, Asansol.
Mr. Sounak Bhattacharya, learned advocate has appeared on behalf of opposite party.
Having heard learned advocates for the petitioner and the opposite party and on perusal of materials on record, it is 2 ascertained that the opposite party filed the above numbered Matrimonial Suit for restitution of conjugal rights. Mr. Apurba Ghosh, learned advocate for the petitioner submits that the petitioner wants to lead happy and peaceful conjugal life, but for the opposite party she is compelled to live at her paternal home. It is also submitted by the learned counsel for the petitioner that the petitioner has no source of income and it will cause financial hardship for the petitioner if she is compelled to attend the Court of learned Additional District Judge, Serampore, Hooghly from Asansol.
Since the opposite party filed the Matrimonial Suit No. 3509 of 2017 under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights and the petitioner is also agreeable to lead conjugal life with the opposite party, provided she is not harassed and tortured by the opposite party, this Court suggests that the petitioner will attend the Court of the learned Additional District Judge, Serampore on 18th March, 2019 in a reconciliation proceeding to be undertaken by the learned trial Judge on the date fixed.
The opposite party shall pay a sum of Rs.1,000/- to the petitioner towards her conveyance charges at Serampore. 3 If the reconciliation succeeds, the instant proceeding shall be disposed of on the basis of such terms of reconciliation. If the same fails, the instant proceeding will be taken up for hearing and disposed of in accordance with law. It is made clear that the interim order of stay which was granted by a Co-ordinate Bench of this Court will be treated as vacated only for 18th March, 2019.
It is expected that the parties will take honest and sincere endeavour to settle their dispute in such reconciliation proceeding.
Let a copy of this order be sent to learned Additional District Judge, Serampore forthwith for information and compliance. Liberty to mention.
Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Bibek Chaudhuri, J.)