Calcutta High Court (Appellete Side)
Bhaktilata Das vs Sri Saptarshi Mondal on 13 April, 2023
13.4.2023 267 Ct. no. 652 sb CO 1107 of 2023 Bhaktilata Das Vs. Sri Saptarshi Mondal Mr. Gunjan Shah Ms. Shreya Agarwal Mr. Tushar Mridha ...for the petitioner This is an application under Section 24 of the Code of Civil Procedure at the instance of the petitioner, seeking transfer of Matrimonial suit no. 17 of 2023 presently pending before the court of learned Additional District Judge, Basirhat, North 24 parganas to the court of learned Additional District Judge, Baruipur, South 24 parganas.
The petitioner contended that the marriage between the parties took place on 15.6.2020 according to Special Marriage Act, 1954. The petitioner alleged that she was subjected to cruelty after marriage and for which she had initiated a criminal proceeding at Haora Police Station under Section 498A/325/406/34 of the Indian Penal Code. She also alleged that she was driven out from her matrimonial home. She further submits that both the parties are college teacher and are employed in the same college, which situates at Bireswarpur, South 24 parganas and the said college situates close to the residence of the petitioner. The opposite party is 2 attending said college regularly. However, in order to harass the petitioner, the opposite party with an ill motive has instituted aforesaid suit seeking dissolution of marriage which is now pending in the court of learned Additional District Judge, Basirhat. She further submits that if her prayer for transfer is allowed, neither party will have a cause to prejudice, since both are employee of same college which situates, close to the house of the petitioner. On the contrary, the court at Baruipur is far away from the place of petitioner's residence and as such she would face lot of inconveniences in attending the said court at Baruipur. Accordingly, the petitioner has sought for aforesaid transfer.
The petitioner is directed to serve a copy of the revisional application upon the opposite party by speed post with acknowledgment due with an intimation that the matter will appear under the heading "Hearing of Section 24 application" on 16th May, 2023 and to file affidavit of service on the returnable date.
Since the petitioner has made out an arguable case, let all further proceedings being Matrimonial suit no. 17 of 2023 presently pending before the court of learned District Judge, Basirhat, North 24 parganas be stayed for a period of eight weeks or until further order, whichever is earlier.
(Ajoy Kumar Mukherjee, J.)