Calcutta High Court (Appellete Side)
CO-2885-2016 on 23 August, 2016
Author: Indrajit Chatterjee
Bench: Indrajit Chatterjee
1 23-08-16Item No. 25
AD C.O. 2885 of 2016 In re : Smt. Soma Bera. ... Petitioner Mr. Ziaul Haque ... for the petitioner.
Ms. Manjuri Chowdhury, Ms. Mekhla Sinha ... for the opposite party.
This is an application under Section 24 of the Code of Civil Procedure in which the petitioner/wife has prayed for transfer of Matrimonial Suit No. 605 of 2016 now pending before the learned court of First Additional District Judge at Barrackpore, within the district of North 24-Parganas to the Court of District Judge, Purba Midnipur at Tamluk.
I am told by Mr. Haque, learned Advocate appearing on behalf of the petitioner, that the age of the petitioner is 19 and as such, she cannot undertake the travel to go to Barrackpore and that she is receiving threatening calls from her husband in her mobile.
It is submitted by Ms. Chowdhury, learned Advocate, appearing on behalf of the husband that this petitioner/wife has filed two cases - one under Section 498A of the I.P.C. and the other under Section 125 of Cr.P.C. at Barrackpore and if she is attending those cases from Tamluk, there is no reason for transfer of that matrimonial suit from Barrackpore to Tamluk.
This point is admitted by the learned Advocate appearing on behalf of the petitioner.
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Considering the fact that this petitioner is very much attending the court at Barrackpore, I find no merit in this application which is fit to be rejected and I do that.
Thus, this application under Section 24 of the C.P.C. is dismissed on contest.
Affidavit-of-service filed in court today be kept with the records. Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Indrajit Chatterjee, J.)