Calcutta High Court (Appellete Side)
Smt. Aditi Kundu (Sahoo) vs Somenath Sahoo on 14 March, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 19. 14.03.2017
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 4686 of 2016 Smt. Aditi Kundu (Sahoo)
-Vs.-
Somenath Sahoo Mr. Malay Bhattacharyya, Mr. Pradip Paul ...for the petitioner In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner wife has prayed for, transfer of the matrimonial suit filed by the opposite party-husband and pending before the Court of the learned Additional District Judge, 1st Court, Purba Medinipur at Tamluk to the Court of the learned District Judge, Paschim Medinipur.
On January 10, 2017 this Court directed the petitioner to serve a copy of this application, together with a copy of the order on the opposite party by speed post with acknowledgement due. The petitioner was also directed to serve a copy of this application, together with a copy of the order on the learned advocate representing the opposite party before the learned Court below, by way of personal service.
From the affidavit of service filed on behalf of the petitioner it appears that the petitioner duly served a copy of the application, together with a copy of the order dated January 10, 2017 on the learned advocate representing the opposite party before the learned 2 Court below and also forwarded the same to the opposite party. Let, the said affidavit of service be kept on record. However, none appears on behalf of the opposite party to oppose this application.
It is the case of the petitioner that after being compelled to leave the matrimonial home, she is presently residing with her parents at Najarganj, Police Station-Kotwali, District-Paschim Medinipur. She is facing hardship to contest the matrimonial suit by travelling the long distance of about 80 kilometres, each way, between her present residence and the learned Court at Tamluk. It is also the case of the petitioner that the opposite party-husband, an employee of a Nationalised Bank, is also residing at Panskura in the district of Purba Medinipur and if the matrimonial suit is transferred to the Court of the learned District Judge, Paschim Medinipur, he has to travel an additional distance of 10 kilometres.
Since none appears on behalf of the opposite party, the aforementioned grounds urged by the petitioner remained uncontroverted.
Considering the facts of the case, I am satisfied that the petitioner has substantiated her grounds for obtaining transfer of the matrimonial suit, as prayed for in this application.
Accordingly, the Matrimonial Suit No. 336 of 2016 [Somenath Sahoo vs. Smt. Aditi Kundu (Sahoo)] is withdrawn from the Court of the learned Additional District Judge, 1st Court, Purba Medinipur at Tamluk and the same is transferred to the Court of the learned District Judge, Paschim Medinipur.
The learned District Judge, Purba Medinipur is directed to forthwith transmit all the records of the Matrimonial Suit No. 336 of 2016 [Somenath Sahoo vs. Smt. Aditi Kundu (Sahoo)] to the Court of the learned District Judge, Paschim Medinipur.
The learned District Judge, Paschim Medinipur may assign the matrimonial suit to the Court of any Additional District Judge at 3 Paschim Medinipur having determination to entertain the matrimonial suit.
With the above directions, the application, being C.O. 4686 of 2016, stands disposed of.
There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.
(Ashis Kumar Chakraborty, J.)