Calcutta High Court (Appellete Side)
For The vs Falguni on 12 August, 2015
1 (188) 12.08.2015
(p.j.) C.O. No. 1089 of 2015 Mr. Jakir Hossain Mr. Dipankar Mondal ... for the petitioner Mr. Anand Keshari .... for the opposite party In this application under Section 24 of the Code of Civil Procedure the petitioner-wife has prayed for transfer of the Matrimonial Suit No. 4059 of 2014 filed by the opposite party-husband and pending before the Court of the learned District Judge, Howrah to the Court of the learned District Judge, Cooch Behar. Today this application is taken up for hearing after completion of the pleadings by both the parties.
It is the case of the petitioner that after being compelled to leave the matrimonial home at Howrah, she had no option but to go back to her parents' residence at Purba Morapora Dighi, Nara Narayan Road, P.O.- Cooch Behar, P.S.- Kotwali in the district of Cooch Behar. She has no independent source of income. Since she was not receiving any maintenance from the opposite party-husband, the petitioner filed an application under Section 125 of the Code of Criminal Procedure being Misc. Case No. 305 of 2008 before the learned Judicial Magistrate, Cooch Behar. In spite of all orders being passed by the Judicial Magistrate directing the opposite party-husband to pay a sum of Rs. 5,500/- per month to the petitioner on account of the maintenance for herself and her minor daughter, the opposite party is not regularly paying the said maintenance amount and as such, the petitioner has been compelled to file an execution case. The opposite party contested the 2 said application under Section 125 of the Code of Criminal Procedure before the Court of the learned Judicial Magistrate, Cooch Behar. The opposite party husband is also contesting a further criminal case filed by the petitioner under Section 498A of the Indian Penal Code before the appropriate Court at Cooch Behar.
Mr. Hossain, learned counsel appearing for the petitioner, submitted that as stated by the petitioner in her application that in order to contest the said matrimonial suit before the learned District Judge, Howrah the petitioner has to travel the long distance of 700 kms. by train from Cooch Behar to Howrah and even after attending the Court of the learned District Judge, Howrah, she will not be able to come back home on the same day. Based on the statements made by the petitioner in this application Mr. Hossain submitted that said matrimonial suit should be transferred from the Court of the learned District Judge at Howrah to the Court of the learned District Judge at Cooch Behar.
However, Mr. Anand Keshari, learned counsel appearing for the opposite party-husband, submitted that although the opposite party attended and still is attending the learned Courts at Cooch Behar for the purpose of contesting the said proceeding initiated by the petitioner against him under Section 125 of the Code of Criminal Procedure and Section 498A of the Indian Penal Code but if the matrimonial suit is transferred from the Court of the learned District Judge, Howrah, the opposite party who is a Government servant will suffer inconvenience. According to him, except for the long distance between Cooch Behar and Howrah the petitioner has not been able to demonstrate any other convenience or difficulties she will face to contest the said matrimonial suit before the learned District Judge, Howrah.
I have considered the submissions of both Mr. Hossain and Mr. Keshari, learned counsel, as also the pleadings filed by both the parties. In the instant case, admittedly the opposite party is not 3 regularly paying the maintenance amount to the petitioner in terms of the order passed by the Judicial Magistrate in the said Misc. Case No. 305 of 2008. The opposite party-husband has duly contested the said Misc. Case No. 305 of 2008 by attending the Court of the learned Judicial Magistrate at Cooch Behar and he is presently contesting the proceedings under Section 498A of the Indian Penal Code by attending the appropriate Court at Cooch Behar. Now, admittedly the distance between Cooch Behar and Howraw is 700 kms. and for the purpose of contesting the said matrimonial suit before the learned District Judge, Howrah, the opposite party has to travel the distance of 1400 kms. to and fro between Cooch Behar and Howrah. She has to also leave her minor daughter back home with her aging parents. It will not be possible for the petitioner to return home on the same day. Further the petitioner has to undertake the train journey for two nights to attend the Court of the learned District Judge at Howrah and thereafter to get back home to Cooch Behar.
Considering all these facts, this Court is satisfied that if the petitioner is required to contest the suit before the learned District Judge, Howrah, she will suffer immense inconvenience and it may not be possible for her to effectively contest the said matrimonial suit before the learned District Judge, Howrah. Therefore, the petitioner has substantiated the grounds for transfer of the said matrimonial suit from the Court of the learned District Judge, Howrah to the Court of the learned District Judge, Cooch Behar.
For the foregoing reasons, the Matrimonial Suit No. 4059 of 2014 (Tapas Das vs. Falguni Das) is withdrawn from the Court of the learned District Judge, Howrah and the same is transferred to the Court of the learned District Judge, Cooch Behar. The learned District Judge, Howrah is directed to forthwith transmit all records of Matrimonial Suit No. 4059 of 2014 (Tapas Das vs. Falguni Das) to the Court of the learned District Judge, Cooch Behar. 4
With the aforesaid directions, CO 1089 of 2015 stands disposed of. However, there shall be no order as to costs.
Certified website copies of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)