Calcutta High Court (Appellete Side)
Abul Khayer Saminuddin vs Unknown on 25 January, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
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144. 25.01.2017 C.R.R. 217 of 2017 Aloke Ct. No.28 In the matter of: Abul Khayer Saminuddin.
Mr. Anil Kr. Chattopadhyay ... for the petitioner Petitioner prays for transfer of the proceeding being Misc. Case No. 140 of 2015 pending before the Judicial Magistrate, Tamluk to a court of competent jurisdiction in the Sub-division of Uluberia, Dist. Howrah.
It is contended by the petitioner that the criminal case registered against him at the behest of the opposite party no. 2 is pending before the court at Uluberia and, therefore, it would be convenient if the proceeding for maintenance is also transferred to the said court.
Maintenance proceeding is to provide succor to a distressed wife and is different from a prosecution under Section 498A of the Indian Penal Code. Opposite party no. 2 resides within the territorial jurisdiction of the Judicial Magistrate at Tamluk, Purba Medinipur and, therefore, I am of the opinion that it would inconvenience to her if the maintenance proceeding is transferred to the criminal court at Uluberia, Howrah.
Accordingly, I am not inclined in transferring the proceeding from Judicial Magistrate of Tamluk, Purba Medinipure to a court of competent jurisdiction at Uluberia, Howrah as prayed for. It is, however, open to the petitioner to seek dispensation with his personal attendance in terms of Section 126 sub-Section (2) Cr.P.C. in accordance with law, if so advised.
With the aforesaid observation, the petition is disposed of.
(Joymalya Bagchi, J.) 2