Calcutta High Court (Appellete Side)
Smt. Sathi Pal @ Sathi Adhikari vs Sri Tamonash Adhikari on 5 June, 2018
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 S/L 5 05.06.2018Ct. No. 6
SD C.O. 3624 of 2017 Smt. Sathi Pal @ Sathi Adhikari Vs. Sri Tamonash Adhikari Mr. Subrato Santra Mr. Dipankar Dandapath ... for the Petitioner.
Affidavit of service filed in Court today be taken on record. Pursuant to the earlier order, petitioner was served a copy of this application upon the opposite party. But from the affidavit of service it shows that the item was delivered sometime in January 2018.
Despite service no one appears for the opposite party when the matter is taken up today.
This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial Suit No.159 of 2017 pending before the learned Additional District Judge, Arambagh, Hooghly.
In the petition, the petitioner has stated that sometime in August 2009, the petitioner and the opposite party got married with each other under the Special Marriage Act, 1954. A female baby was born who is now 6 years old and studying in a lower primary school at Bankura. But the petitioner has been residing at her parental home at Bankura inasmuch as she was driven out from the matrimonial home.
The petitioner further submits that with the 6 years old daughter she is unable to move regularly here and there. The matrimonial suit has been filed by the husband in the Court of Arambag which is at a distance of 100 kms. from her present residence and she has to travel more than 200 kms. each day to attend the matrimonial suit in the Court of Arambag. The petitioner has, therefore, made a prayer for transfer of the matrimonial suit to a suitable place which could be easier for her to pursue the said matrimonial suit.
That apart, it has been averred in the petition that the petitioner is a Primary School Teacher presently posted at Higher Secondary School at Beliatore, Bankura and from 2017 onwards, she has been attending her school there. 2 Looking at the present scenario, the petitioner has got a small baby of six years old who is studying in a lower primary school at Bankura and the long distance which may have to be travelled by a single lady without assistance of any other male member, convinces me to hold that it will be convenient for the petitioner if the matrimonial suit is transferred to a place nearer to her place of work or residence.
Accordingly, this Court directs that the Matrimonial Suit No.159 of 2017 be withdrawn from the Court of the learned Additional District Judge, Arambag and be transferred to the learned District Judge, Bankura. The learned District Judge, Bankura is directed to issue fresh notice to the parties afresh and thereafter to proceed with the suit.
The petitioner is directed to communicate this order to the opposite party forthwith.
With these above observations, C.O. 3624 of 2017 is disposed of.
(Sahidullah Munshi, J.)