Calcutta High Court (Appellete Side)
1348/2014 on 14 May, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
1 14.05.2014
..
C.O. 1348 of 2014 Mr. Soumik Ganguli ... for the petitioner.
This is a petition by the wife seeking transfer of Other Suit No. 46 of 2014 pending before the learned Civil Judge (Junior Division), 1st Court at Contai to the Court of the learned District Judge, Bankura.
It is contended on behalf of the petitioner that she is residing with her parents' house at Barrackpore. The proceedings under the Domestic Violence Act are pending at courts at Barrackpore. So also is the proceeding under Section 498A of the Indian Penal Code pending before the court at Barrackpore. The opposite party is attending such proceeding. The mode of travel available to a public for travelling from Barrackpore to Contai is such that it is extremely inconvenient.
In spite of service, the opposite party did not appear. I have considered the contentions of the petitioner and the materials on record. It is inconvenient to travel from Bankura to Contai. Moreover, two proceedings are pending in the courts at which the opposite party requires to attend. The opposite party will not be inconvenienced in the event prayer of the petitioner made herein is allowed.
In such circumstances, the Other Suit No. 46 of 2014 pending before the court of the learned Civil Judge (Junior Division), 1st Court at Contai is transferred to the learned District Judge at Bankura.
Learned District Judge, Purba Medinipur will transmit all the records of Other Suit No. 46 of 2014 pending before learned Civil Judge (Junior Division), 1st Court at Contai to the learned District Judge at Bankura who, upon receipt of the same, shall hear and dispose of the suit.
The application is thus disposed of.
2Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debangsu Basak, J.)