Calcutta High Court (Appellete Side)
An Application Under Section 401 And 406 ... vs Baidyanaty Chaudhury on 19 December, 2016
1 Sl. December C.R.R. 3990 of 2016
155. 19, 2016 In the matter of: An application under Section 401 and 406 of the Code of Criminal Procedure;
And In the matter of : Baidyanaty Chaudhury Versus State of West Bengal & anr.
No one appears in support of the revision petition, when the matter is taken up for consideration.
Proceeding being M.C. Case No. 229 of 2016 under Section 125 of the Code of Criminal Procedure pending before the learned Additional Chief Judicial Magistrate at Chandannagar, Hooghly, has been assailed in this revisional application on the ground that a criminal case under Section 498A of the Indian Penal Code was registered by the opposite party no. 2/wife at Barrackpore court and that a suit for restitution of conjugal right is pending by and between the parties before the said court.
It is contended that the learned Magistrate has no jurisdiction to entertain the application for maintenance and the same be transferred to a court of competent jurisdiction at Barrackpore.
The opposite party no. 2 is residing within the territorial jurisdiction of the learned Magistrate. Therefore, I am of the opinion that the learned Magistrate has adequate jurisdiction to entertain the proceeding under Section 125 of the Code of Criminal Procedure. That apart, the maintenance proceeding ought to be permitted to continue at the place where it is convenient for the wife to prosecute.
Hence, notwithstanding pendency of the proceeding for restitution of conjugal right at Barrackpore court, I am not inclined to transfer the instant proceeding to the said court.
The revisional application is accordingly dismissed.
dns ( Joymalya Bagchi, J. )
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