Calcutta High Court (Appellete Side)
Akb Smt. Lakshmi Dey Nee Dewanjee vs Subhra Kumar Dey on 20 February, 2019
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 12 20.2.19
C.O. 273 of 2019 akb Smt. Lakshmi Dey nee Dewanjee
-Versus-
Subhra Kumar Dey Mr. Abhishek Banerjee ...For the Petitioner Mr. Sankar Sarkar ...For the Opposite Party This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial Suit No. 75 2018 pending before the Court of the learned Additional District Judge, Basirhat, North 24-Parganas.
In the application the petitioner has stated that due to inhuman cruelty and misbehavior on the part of the husband, the wife/petitioner had to leave matrimonial home and presently she is residing with her parents at Garden Reach, whereas the husband is residing at Basirhat within the district of North 24-Parganas. The only ground which has been taken by the wife/petitioner that she being a patient of hypertension, it is not possible for her to travel from Garden Reach to the Court where the matrimonial suit is pending, travelling a distance of about 80 kms., which consumes 4½ hrs. time.
The husband has entered appearance through learned Advocate, who submits that if the matrimonial suit is placed before any Court at a place convenient to both the husband and wife then the husband has no objection.
2This being the position, this Court is of the view that the matrimonial suit may be placed before any Court at Barasat, which would be convenient for both the parties because it has been ascertained that the distance from Basirhat to Barrackpore is 44 kms., whereas Barasat to Basirhat is 40 kms., in that view it will not be too far from where the wife is presently residing at Garden Reach.
Considering convenience and inconvenience of both the parties the Matrimonial Suit No. 75 of 2018 pending before the learned Additional District Judge, Basirhat, North 24-Parganas is withdrawn and the same is transferred to the Court of learned District Judge, Barasat. After receipt of the case records the learned District Judge, Barasat shall assign the matter to any competent additional Court at Barasat. After such assignment is made, the learned transferee Court is also directed to issue notice afresh to the parties before proceeding with the suit.
With the aforesaid direction application under Section 24 of the Code of Civil Procedure is allowed.
Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.
( Sahidullah Munshi, J.)