Calcutta High Court (Appellete Side)
Rubi Bibi vs Md. Abdul Hamid Molla on 13 June, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 13.06.19
Srimanta List - S/L Sl. No. 16 Ct. No. 25 C. O. 1566 of 2019 Rubi Bibi
-Vs.-
Md. Abdul Hamid Molla Md. Zakir Hossain, Adv.
...for the petitioner.
The wife/petitioner has filed the instant revision under Section 24 of the Code of Civil Procedure (hereafter C.P.C.) praying for transferring Matrimonial Suit No. 271 of 2018 pending before the Second Court of the learned Civil Judge (Junior Division) at Basirhat, North 24-Parganas to any Court of competent jurisdiction in the district of Purba Burdwan.
It is pleaded by the petitioner that her marriage with the opposite party was performed as per the Mohammedan Law and Customs on 8th March, 2015 and in the said wedlock she gave birth to a female child. According to the petitioner, she was subjected to physical and mental torture at her matrimonial home by her husband/opposite party and other matrimonial relationship which compelled him to leave her matrimonial home and to take shelter at her paternal home at Purba Burdwan. Since the petitioner has no source of income she has filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance for herself and her minor daughter against the opposite party before the learned Additional Chief Judicial Magistrate at Purba Burdwan. The opposite party subsequently filed Matrimonial Suit No. 271 of 2018 in the Second Court of the learned Civil Judge (Junior Division) at Basirhat only to harass the petitioner praying for restitution of conjugal rights. The distance of Basirhat Court from the paternal home of the petitioner is about 175 K.M. Since the petitioner has no source of income this will cause tremendous financial hardship if she is compelled to attend Basirhat Court from Purba Burdwan. Moreover, after receipt of 2 summons the petitioner went to Basirhat and entered appearance in the said suit on 20th November, 2018, when she was threatened by the opposite party and his men and agents. Therefore, the petitioner is afraid of attending Basirhat Court on apprehension of being assaulted physically by the opposite party. These are the precise reasons for which the petitioner wants to get Matrimonial Suit No. 271 of 2018 transferred from Basirhat to Purba Burdwan.
I have heard learned Advocate for the petitioner and perused the application under Section 24 of the C.P.C. The petitioner has been able to make out a prima facie case which are to be heard in presence of the opposite party after serving notice to him.
Therefore, the instant revision is admitted for hearing. The petitioner is directed to serve notice of the instant revision by registered speed post with acknowledgement due to the opposite party within two weeks from the date of this order and shall file affidavit-of-service within one week from the date of service of notice.
The matter will appear for hearing as 'Contested Application' four weeks hence.
Let there be an order of stay of further proceeding of Matrimonial Suit No. 271 of 2018 pending before the Second Court of the learned Civil Judge (Junior Division), Basirhat, North 24-Parganas till 12th July, 2019.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Bibek Chaudhuri, J.)