Calcutta High Court (Appellete Side)
Smt. Gitashri Adhikary vs Sri Rajesh Adhikary & Ors on 12 December, 2017
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 (33) 12.12.2017
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO No. 2411 of 2017 Smt. Gitashri Adhikary
-versus-
Sri Rajesh Adhikary & ors.
Mr. Soumak Bera
... for the petitioner
Mr. Balaram Neogi
Mr. Tamal Nag ... for the opposite parties
This is an application under Section 24 of the Code of Civil Procedure with a prayer for transfer of the Matrimonial Suit No. 25 of 2017 pending before the learned Additional District Judge, Basirhat to the learned District Judge at Midnapur, District : Paschim Medinipur on the grounds, inter alia, that the petitioner is an unemployed and poor village lady having two minor daughters and no knowledge of outside world and has no capacity to bear the expenses of travelling for so long distance from her native place at Kharagpur to Basirhat and to bear the expenditure on account of night stay in a hotel for the purpose of attending the learned Court at Basirhat whereas the opposite party no. 1 husband is a business man and is able bodied person to commute to Kharagpur and to return on the same day after attending the Court in Paschim Medinipur. It is submitted that the distance between the house of the petitioner and the learned Court at Basirhat is more than 200 kms. and the petitioner will have to make break journey to reach at Basirhat from her house and it will take more than 6 hours 2 to attend the Court at Basirhat. The petitioner no. 2 minor daughter is aged about 12 years and another daughter is aged about 4 years but there is none to look after them in absence of the petitioner. It is submitted on behalf of the petitioner that the opposite party no. 1 subjected her to mental and physical cruelty and the petitioner had to leave her matrimonial home on 19.04.2015. She has filed a complaint under Section 498A in the Court of learned CJM, Paschim Medinipur in the year 2016. The petitioner has also filed case under Section 12 read with Sections 18/19/20/22/23 of the Prevention of Women from Domestic Violence Act registered as C.R. Case No. 523 of 2016 pending in the Court of learned Judicial Magistrate, 1st Court, Paschim Medinipur and a MR Case being No. 134 of 2016 under Section 125 Cr.P.C. has also been filed by the petitioner for maintenance for herself and for her two daughters from the opposite party and is pending in the selfsame Magistrate Court in Paschim Medinipur. The opposite party no. 1 has attended those Courts in connection with Misc. Case under Section 125 Cr.P.C. in connection with case No. 523 of 2016 and has also attended the learned CJM's Court in connection with bail in case registered under Section 498A of the IPC against the opposite party no. 1. These are the considerations for which the petitioner has prayed for transfer of the matrimonial suit being MAT Suit No. 25 of 2017 under Section 9 of the Hindu Marriage Act, 1955 in the Court of learned Additional District Judge, Basirhat which was filed on 4.5.2017 only after the three cases which were instituted against him by the petitioner wife in the Court at Paschim Medinipur.
Bearing in mind the distance of more than 200 kms. from the place of residence of the petitioner at Kharagpur to the Court of Basirhat in the district of 24 Parganas (North) and further considering the petitioner has two minor daughters, it is imperative for the Court to transfer the matrimonial suit being MAT Suit No. 25 of 2017 pending before the learned Additional District Judge, Basirhat to the learned District Judge at Medinipur, District : Paschim Medinipur. 3
In the result, the application succeeds.
The MAT Suit No. 25 of 2017 be withdrawn from the Court of the learned Additional District Judge, Basirhat and be transferred to the Court of the learned District Judge, Paschim Medinipur, who on receipt of the case records and shall fix the suit for trial by himself or he can transfer to any Court of the learned Additional District Judge in the district of Paschim Medinipur for the ends of justice.
With the above observations, CO 2411 of 2017 stands disposed of. However, there shall be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all necessary formalities.
(Shivakant Prasad, J.)