Calcutta High Court (Appellete Side)
3134/2013 on 2 June, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
1 02-06-2014
..
C.O. 3134 of 2013 Mrs. Sulekha Mitra Ms. Sohini Chakraborty ... for the petitioner.
The wife as the petitioner was seeking transfer of Matrimonial Suit No. 124 of 2013 from the court of the learned Additional District Judge, Second Fast Track Court at Ranaghat, District -Nadia to the court of the learned District Judge at Purulia, Distrrict - Purulia.
The opposite party was sought to be served at his place of employment at Rajasthan as well as through his learned Advocate in the proceeding under Section 125 of the Code of Criminal Procedure at Purulia. The opposite party was served through his learned Advocate as well as at this place of employment at Rajasthan. In spite of service, none appeared for the opposite party.
It was contended on behalf of the petitioner that she had a minor daughter with her. She was residing with her parents at Purulia. The distance between her place of residence and the court at Nadia was in excess of 350 k.m. and it took almost 10/11 hours journey one way. It was also contended on behalf of the petitioner that there were three proceedings pending at Ranaghat, which the opposite party/husband was contesting. The opposite party was posted in Rajasthan and therefore, it would not be inconvenience for him if the proceedings were transferred to Purulia, as prayed for.
I have considered the contentions advanced on behalf of the petitioner and the materials on record. Three proceedings were pending at Ranaghat which the opposite party was contesting. The opposite party was employed in Rajasthan. Therefore, he was required to come down either at Nadia or at Purulia. In the event, the proceedings were transferred to Purulia, the opposite party would not be inconvenienced.
2Moreover from the perspective that the petitioner was a lady and she had a child to look after and she was required to travel in excess of 350 k.m. one way to contest the proceeding, the relief as prayed for was required to be granted.
In such circumstances, Matrimonial Suit No. 124 of 2013 is directed to be transferred from the court of the learned Additional District Judge, Second Fast Track Court at Ranaghat, Nadia to the learned District Judge at Purulia.
Learned District Judge, Nadia is directed to transmit all the records of Matrimonial Suit No. 124 of 2013 pending before the learned District Judge , Second Fast Track Court at Ranaghat, Nadia to the learned District Judge at Purulia who upon receipt of the same will hear and dispose of such proceedings in accordance with law.
The application is, thus, disposed of There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debangsu Basak, J.)