Calcutta High Court (Appellete Side)
Paramita Chatterjee (Bhattacharya) vs Arijit Chatterjee on 25 February, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 25.02.19
Srimanta List - S/L Sl. No. 03 Ct. No. 25 C. O. 3414 of 2018 Paramita Chatterjee (Bhattacharya)
-Vs.-
Arijit Chatterjee Mr. Subrata Ghosh, Adv.
...for the petitioner.
Mr. Sougata Mitra, Adv., Mr. Manoj Kumar Kurmi, Adv.
...for the opposite party.
This is an application under Section 24 of the Code of Civil Procedure filed by the wife/petitioner praying for transfer of Matrimonial Suit No. 1618 of 2018 from the Court of the learned Additional District Judge, Fast Track, 1st Court, Barasat to the Court of the learned Additional District Judge, Fast Track, 1st Court at Purba Bardhaman.
It is stated by the petitioner in her application that sometimes in August, 2018 she received summons from Barasat Court and came to know that her husband has instituted the above-mentioned matrimonial suit for dissolution of marriage by a decree of divorce against her. The petitioner entered appearance in the said suit at Barasat. Subsequently, she has moved the instant application before this Court stating, inter alia, that after marriage she was subjected to tremendous physical and mental torture by her husband and other matrimonial relations. The opposite party did not change his attitude towards the petitioner even after birth of a male child. On 24th August, 2018, the petitioner was mercilessly beaten by her husband. She was rescued by the neighbours of her matrimonial home. Failing to bear such torture, she left her matrimonial home and took shelter at her paternal home at Bardhaman. She was medically treated at Burdwan Medical College and Hospital. The petitioner lodged a complain in the local Police Station under Section 498A/406/323/34 of the Indian Penal Code against the opposite party and his parents. The said suit is pending at 2 Bardhaman. It is further stated by the petitioner that distance between Barasat and Bardhaman is approximately 150 kilometers. Petitioner has no source of income. It will cause tremendous financial hardship to attend Barasat Court to represent herself in matrimonial suit. Such financial hardship will further be added on engagement of an Advocate on behalf of the petitioner at Barasat. Therefore, she has prayed for transfer of the matrimonial suit to Purba Bardhaman.
Learned Advocate for the petitioner submits to the tune of what has been stated in the application. He also draws my attention to the copy of the injury report of the petitioner which has been annexed with the application under Section 24 of the Code of Civil Procedure.
Mr. Sougata Mitra, learned Advocate for the opposite party, on the other hand, submits that the petitioner entered appearance before the 1st Fast Track Court at Barasat to contest the matrimonial suit. Subsequently, only to drag the said suit she has filed the instant application. Initially, there was a stay for a period of six weeks passed by this Court. The said period being expired, the matrimonial suit has been fixed for ex parte hearing. At this stage, if the suit is transferred to Purba Bardhaman, the opposite party will suffer irreparably.
I have heard the learned Advocates for the petitioner and the opposite party.
It is true that on 26th November, 2018 a Co-ordinate Bench of this Court passed an order of stay for six weeks of further proceeding of Matrimonial Suit No. 1618 of 2018. After expiry of the period, the petitioner has not prayed for extension of the order of stay. On the contrary, it is also to be looked into that the main application has come before this Court for disposal only this day.
The petitioner has been residing at her paternal home with her minor child. She has no source of income. If she is compelled to appear before 1st Fast Track 3 Court at Barasat, this will of course cause financial hardship to her. It is needless to see that in a proceeding under Section 24 of the Code of Civil Procedure arising out of matrimonial suit, paramount consideration should be the convenience of the wife/petitioner.
Considering all the facts and circumstances stated above, I am inclined to allow the application under Section 24 of the Code of Civil Procedure.
Matrimonial Suit No. 1618 of 2018 be transferred to the 1st Fast Track Court of Additional District Judge, Purba Bardhaman from the 1st Fast Track Court of Additional District Judge at Barasat.
Let a copy of this order be sent to the 1st Fast Track Court of Additional District Judge, Purba Bardhaman and the 1st Fast Track Court of Additional District Judge at Barasat through the office of this Court.
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.)