Calcutta High Court (Appellete Side)
Smt. Sangita Ghosh vs Sri Manish Ghosh on 2 August, 2019
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1 02.08.2019
Item No.27 Ct. No.22 CHC C.O. 3854 of 2017 Smt. Sangita Ghosh Vs. Sri Manish Ghosh Mr. Purnasish Roy ...for the petitioner Mr. P. K. Basu ...for the opposite party This is an application under Section 24 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure praying for transfer of a Matrimonial Suit No.1526 of 2017 now pending before the court of Learned Additional District Judge, 2nd Court, Barrackpore to the court of Learned District Judge at Cooch Behar on the ground as set out in the petition itself. The case of the petitioner/wife is that she is the legally married wife of the o.p./husband, the marriage having been solemnized on 3rd May, 2012 according to Hindu Rites and Customs. The wife/petitioner has claimed herself to have been subjected to physical and mental torture by her husband in several ways and at the initial stage of her married life, the petitioner started ignoring such ill treatment with high hope that same would be pecified in the long run and she will be given a chance to lead a peaceful conjugal life with her husband.
2On and from 10th November, 2016, the petitioner had to take shelter in her father's house at Cooch Behar under a compelling circumstances.
The petitioner received the summons with her utter surprise that Mat. Suit praying for divorce under Section 13 of the Hindu Marriage Act has been filed against her by her husband in Barrackpore Court. After being neglected by her husband she has now been residing in father's house and completely on the mercy of her parents. The Barrackpore Court is about 600 K.m. away from Cooch Behar requiring an overnight journey, which will be completely impossible for her to undertake such journey alone in the absence of any male members bearing substantial expenses connected with the journey, which the petitioner has no such fund at the moment to sustain such expenses. It is also the case of the petitioner that receiving torture and cruelty in the hands of her husband, she has also filed a complaint at Kotwali Police Station, Cooch Behar under Section 498A I.P.C. which is now pending before the learned Magistrate, Cooch Behar in connection with G.R. Case No.1433 of 2016. Besides above case, she has also filed another proceeding under D.V. Act in connection with D.V. Case No.164 of 2016 and a further case under Section 125 Cr.P.C. for maintenance being 3 No.164 of 2016 and both the cases are pending before the Learned Magistrate at Cooch Behar.
In the case under Section 498A I.P.C. instituted by the wife against her husband, o.p./husband is now on bail and entered his appearance in connection with maintenance proceedings the reference of which is mentioned hereinabove. Learned advocate for the petitioner referring such facts mentioned hereinabove submits that upon consideration of the physical harassment, security of the petitioner together with the expenses needed for undertaking journey in order to take part in the pending proceeding at Barrackpore, the transfer should be allowed, as proposed.
Learned advocate for the opposite party/husband controverting the submission raised by the petitioner submits that since the opposite party/husband presently maintains hostile relationship with the family members of his wife residing at Cooch Behar, his life may be endangered, if the case is allowed to be transferred to Cooch Behar from Barrackpore. It is also submitted by the learned advocate for the petitioner that he has also been subjected to threat at the instance of the family members of his wife causing him to be highly apprehensive of his life, if he is made to reach Cooch Behar to ensure his appearance in the pending matrimonial suit. Learned advocate 4 for the opposite party thus, opposes the prayer for transfer application.
In course of hearing it is proposed by the learned advocate for the opposite party that the case may be transferred to Alipurduar even, keeping in view the reasonable apprehension of o.p. of his life being endangered, but it does not make any sense on the ground that there are three other criminal cases pending at Cooch Behar, besides the Mat. Suit, and it will not serve any practical purpose, if present Matrimonial Suit is transferred from Barrackpore to Alipurduar.
The only point to be addressed by this Court is whether the present transfer in the given set of facts is permissible or not. Admittedly, the marital life of the parties is about 7 years old and in view of the matrimonial discord, the estranged wife has now been residing in her father's house at Cooch Behar, which is situated about 600 K.m. away from Barrackpore requiring an overnight journey for the purpose. In consequence of matrimonial discord, apart from the divorce suit under Section 13 of the Hindu Marriage Act there has been as many as three criminal cases instituted at the instance of wife against her husband. All such three cases, are now at Cooch Behar pending before the respective Learned Magistrate of Cooch Behar. There is nothing to establish that the petitioner is having strong source of income 5 requiring no financial assistance from the side of her husband. When the petitioner is suffering from financial crisis to sustain herself on this fightful world, and now being at the mercy of her parents, she cannot be expected to undertake an overnight journey spending substantial money for the purpose and that too at the cost of her physical security.
Upon seeing the existence of several cases instituted at Cooch Behar against the opposite party/husband and considering the sufferings, harassment, both physically and financially of petitioner, compared to the case of o.p. as made out, the Court is of the view that this is an appropriate case to be favoured with an order of transfer, as proposed.
The transfer application under Section 24 of the C.P.C. deserves success for the reasons discussed hereinabove. Learned Additional District Judge, 2nd Court, at Barackpore is directed to transfer Mat. Suit No.1526 of 2017 to the Court of Learned District Judge, Cooch Behar within a fortnight from the date of communication of this order after issuing notice upon both parties intimating that the case has been transferred to the transferee court at Cooch Behar fixing the date to be suitably fixed by transferor Court for appearance before the transferee Court.
6Petitioner is directed to make communication of this order to the learned court below.
With this observation/direction, the revisional application stands disposed of.
Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Subhasis Dasgupta, J.)