Calcutta High Court (Appellete Side)
Rubi Bibi vs Md. Abdul Hamid Molla on 16 July, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 16.07.2019
suman 06 Ct.25 C.O. 1566 of 2019 Rubi Bibi Vs. Md. Abdul Hamid Molla Md. Zakir Hossain ...for the petitioner Affidavit of service filed on behalf of the petitioner be kept with the record.
From the postal report it is found that the notice containing the copy of the instant application was duly served upon the opposite party. However, the opposite party has not entered appearance. Accordingly, this Court has no other alternative but to take up the instant revision for hearing and disposal ex parte.
This is an application under Section 24 of the Code of Civil Procedure filed by the wife/petitioner against her husband praying for transfer of a suit for restitution of conjugal rights being MAT. Suit No.271 of 2018 from the 2nd Court of learned Civil Judge (Junior Division) at Basirhat, 2 North 24 Parganas to the Court of competent jurisdiction in the district Purba Burdwan.
It is found from the application that marriage of the parties was performed as per Mohammedan rites and customs on 8th March, 2015. After marriage the petitioner went to her matrimonial home where she was subjected to physical and mental torture. The opposite party finally drove her out in the month of June, 2018. Since then she has been residing at her parental home at village Bijoyram in the district of Purba Burdwan. The opposite party instituted Matrimonial Suit No.271 of 2018 for restitution of conjugal rights against the petitioner which is now pending before the 2nd Court of learned Civil Judge (Junior Division) at Basirhat, North 24 Parganas.
The petitioner has prayed for transfer of the said suit on the following grounds:
(i) Distance between Basirhat Court from her present residence at Purba Burdwan is about 170 kilometers. Therefore, the petitioner will have to travel approximately 340 kilometers a day to attend and contest the said suit. 3
(ii) The petitioner is having a minor child aged about three years. She cannot attend Basirhat Court leaving her minor child at her paternal home.
(iii) The petitioner went to Basirhat with her father to appear before the Court but she was threatened by the opposite party and his men and agents. She apprehends that she may be assaulted by the opposite party if she is compelled to attend Basirhat Court.
I have heard Md. Zakir Hossain, learned advocate for the petitioner. It is ascertained from the averment made by the petitioner in her application that she has no source of income. She has filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance for herself and for her minor child. The opposite party would have to appear in the said proceeding to contest. Therefore, if MAT Suit No.271 of 2018 be transferred to the Court of competent jurisdiction in Purba Burdwan, the opposite party will not suffer any hardship.
Needless to say that in a proceeding under Section 24 of the Code of Civil Procedure arising out of matrimonial 4 proceeding, convenience of the wife is a prime consideration. A married lady having no source of income and completely dependent upon her parents, cannot be compelled to travel a distance of about 340 kilometers in both ways leaving her minor child aged about three years at her paternal home to contest the matrimonial suit.
In view of the above discussion, the instant revision is allowed. MAT Suit No.271 of 2018 pending before the learned Civil Judge (Junior Division), 2nd Court at Basirhat, North 24 Parganas be transferred to the 1st Court of the learned Civil Judge (Junior Division) at Burdwan (Purba Burdwan).
Office is directed to send a copy of this order to the learned Civil Judge (Junior Division), 2nd Court at Basirhat, North 24 Parganas and the 1st Court of the learned Civil Judge (Junior Division) at Burdwan (Purba Burdwan).
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.)