Calcutta High Court (Appellete Side)
Kakali Sarkar (Mondal) vs Abhisek Sarkar on 20 February, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1
08
suman
ct.25 C.O. 2574 of 2018
20.02.19
Kakali Sarkar (Mondal) Vs. Abhisek Sarkar Md. Aslam Khan Ms. S. Begam Ms. Maitrayee Mahata ...for the petitioner This is an application under Section 24 of the Code of Civil Procedure filed by the wife/petitioner against her husband /opposite party praying for transferring Matrimonial Suit No. 02 of 2018 pending before the learned Additional District Judge Basirhat, 24 Parganas (North) to the Court of learned Additional District Judge, Diamond Harbour, 24 Parganas (South). Affidavit of service showing service of notice of the instant proceeding upon the opposite party has been filed. Let the affidavit of service be kept with the record. On perusal of the affidavit of service, it is found that the notice containing the application under Section 24 of the C.P.C. was served upon the opposite party but he has not turned up.
Therefore, the application under Section 24 of the C.P.C. is taken up for hearing in presence of learned advocate for the petitioner.
It is the case of the petitioner that she, on being driven out from her matrimonial home, has been residing at her paternal home at Diamond Harbour. Since her husband fails and neglects to maintain the petitioner, she has filed an application under Section 125 of the Code of Criminal Procedure before the Additional Chief 2 Judicial Magistrate at Diamond Harbour. It is also stated that since the petitioner has no source of income, it will cause financial hardship to the petitioner to attend the aforesaid Matrimonial Suit at Basirhat covering a distance of more than 100 Kms. So she has prayed for transferring the aforesaid Matrimonial Suit to the Court of the Additional District Judge, Diamond Harbour.
I have heard Md. Aslam Khan, learned advocate for the petitioner, perused the record and considered.
In the Matrimonial Suit, while disposing of an application under Section 24 of the C.P.C., the convenience of the wife should be regarded as of paramount consideration. The petitioner has been residing in a remote village of Diamond Harbour sub-division under South 24 Parganas. This Court can take judicial notice of the fact that Basirhat sub-divisional Court within South 24 Parganas is approximately at a distance of more than 100 Kms. from Diamond Harbour. So, it is not possible for the petitioner to conveniently travel such distance to contest the Matrimonial Suit filed against her by her husband.
For the reasons recorded above, I am of the view that the Matrimonial Suit No.02 of 2018 should be transferred to the Court of Additional District Judge, Diamond Harbour, South 24 Parganas.
Accordingly, the application under Section 24 of the C.P.C. is allowed. Let Matrimonial Suit No.02 of 2018 be transferred from the Court of learned Additional District Judge, Basirhat, 24 Parganas (North) to the Court of learned Additional District Judge, Diamond Harbour, 24 Parganas (South). Office is directed to communicate this order to both the learned Additional District Judges, Basirhat and 3 Diamond Harbour for information and compliance of the order.
Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Bibek Chaudhuri, J.) 4