Calcutta High Court (Appellete Side)
670/2010 on 22 June, 2010
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1 2.6.10
C.O. 670 of 2010 Mr. Nani Gopal Chakraborty .. For the Petitioner.
The petitioner (husband) filed an application under section 9 of the Hindu Marriage Act against his wife inter alia praying for restitution of conjugal rights. The said application was filed in the court of the learned Additional District and Sessions Act at Contai as the parties last resided together within the jurisdiction of the said court.
The opposite party (wife) appeared in the said proceeding. Immediately thereafter she filed an application under section 24 of the Code of Civil Procedure before the learned District Judge, Purba Medinipur at Tamluk inter alia praying for transfer of the said matrimonial suit from the court of the learned Additional District and Sessions Judge at Contai to the court of the learned District Judge, Purba Medinipur at Tamluk on the ground that the wife feels inconvenience in participating in the said proceeding before the learned Additional District and Sessions Judge at Contai as she is presently residing with her minor daughter at her paternal house at Tamluk. It was further stated by the wife in the said application that the father-in-law of the opposite party is a very influential person in Contai and she apprehends the risk of her life in course of her journey from Tamluk to Contai. These are the grounds on which the transfer of the said suit was sought for from Contai to Tamluk.
The learned District Judge, Paschim Medinipur at Tamluk was pleased to allow the opposite party's prayer for transfer of the said suit from Contai to Tamluk. The suit was thus transferred from the court of the learned Additional District and Sessions Judge at Contai to the court of the learned Additional District and Sessions Judge, 1st Court at Tamluk.
While disposing of the said application the learned District Judge considered inconvenience of the wife in attending the court at Contai by taking note of the distance between Contai and Tamluk and ultimately held by relying upon two decisions of the Hon'ble Supreme Court that such transfer is necessary to minimize the inconvenience of the wife in undertaking such a long journey from Tamluk to Contai for contesting the said suit there.
Fact remains that the wife has filed an application under section 125 of the Criminal Procedure Code against the husband in court of the learned Magistrate at Tamluk. It is also an admitted fact that a proceeding under section 498A of the Indian Penal Code is also pending for consideration before the learned Chief Judicial Magistrate at Tamluk. The petitioner (husband) is contesting both the aforesaid proceedings at Tamluk.
2Thus, considering the convenience and inconvenience of the parties as well as by taking note of the fact that the husband is contesting both the aforesaid criminal proceedings at Tamluk, this court does not find any justification to interfere with the impugned order.
However, considering the nature of the proceeding, this court makes a request to the learned Trial Judge to make all endeavour to dispose of the said suit as early as possible without granting any unnecessary adjournment to any of the parties.
The revisional application, thus, stands disposed of.
(Jyotirmay Bhattacharya, J.)