Calcutta High Court (Appellete Side)
CRR-616-2015 on 27 June, 2016
Author: R. K. Bag
Bench: R. K. Bag
1 6.2016.
p.b.
CRR 616 of 2015 Mr. Arnab Chatterjee.
.....for the petitioner.
The petitioner husband has prayed for transfer of Misc. (DV) Case No.26 of 2013 from the court of learned Additional Chief Judicial Magistrate, Mathabhanga, Cooch Behar, to the court of learned Judicial Magistrate at Berhampore in the district of Murshidabad.
The affidavit of service filed on behalf of the petitioner is kept with the record.
Mr. Chatterjee, learned counsel for the petitioner husband contends that the opposite party no.1 has instituted this case at Mathabhanga in the district of Cooch Behar as both the petitioner and the opposite party no.1 resided together at Mathabhanga where the petitioner husband used to work as a teacher in a school. He further submits that the petitioner husband is now transferred to the school within the jurisdiction of the district of Murshidabad and the opposite party wife is also residing within the jurisdiction of the district of Murshidabad and as such the case may be transferred to the court of leaned Magistrate at Murshidabad for convenience of both the parties. Mr. Chatterjee also submits that other two cases instituted by the opposite party no.1 against the petitioner are pending for adjudication before the court within the district of Murshidabad. 2 None appears on behalf of the opposite party no.1 in spite of service of notice and copy of the application as reflected from the affidavit of service filed on behalf of the petitioner.
In view of the fact that both the petitioner and the opposite party no.1 have been residing within the jurisdiction of the district of Murshidabad, I am inclined to transfer the case from the court of learned Additional Chief Judicial Magistrate, Mathabhanga to any court of learned Magistrate at Berhampore in the district of Murshidabad for the convenience of both the parties. Accordingly, Misc. (DV) Case No.26 of 2013 is transferred from the court of learned Additional Chief Judicial Magistrate, Mathabhanga, Cooch Behar to the court of learned Chief Judicial Magistrate, Berhampore in the district of Murshidabad with immediate effect and learned Chief Judicial Magistrate, Murshidabad may try the case himself or transfer the same to any other court of learned Judicial Magistrate under his jurisdiction. The learned Additional Chief Judicial Magistrate, Mathabhanga is directed to transmit the case record to the court of learned Chief Judicial Magistrate, Murshidabad within a period of four weeks from the date of communication of the order.
Let a copy of the order be sent down to the court of learned Additional Chief Judicial Magistrate, Mathabhanga and another copy of the order be sent down to learned Chief Judicial Magistrate, Murshidabad forthwith.
The criminal revision is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.
3(R. K. Bag, J.)