Calcutta High Court (Appellete Side)
Mita Das vs Sri Goutamendra Nath Das on 15 June, 2016
1 (170) 15.06.2016
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. No. 1188 of 2016 Mita Das
-versus-
Sri Goutamendra Nath Das Mr. Subimal Ghorai ... 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, claiming a decree for dissolution of marriage and pending before the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore to the Court of the learned District Judge at Tamluk, District- Purba Medinipur.
On April 5, 2016 when this application was taken up for hearing, after being prima facie satisfied with the grounds urged by the petitioner in this application, this Court passed an interim order directing stay of all further proceedings in Matrimonial Suit No. 1183 of 2015 pending before the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore till May 6, 2016. The petitioner was also directed to serve a copy of the application on the opposite party. On April 27, 2016 when this application was taken up for hearing, the opposite party appeared before this Court. On the prayer of his advocate an opportunity was granted to the opposite party to file his affidavit in opposition within May 13, 2016. However, no affidavit in opposition has been filed on behalf of the opposite party. Today when this application is taken up for hearing, none appeared 2 on behalf of the opposite party. In these circumstances, this application is taken up for final hearing in the absence of the opposite party.
The grounds urged by the petitioner in this application are that after being compelled to leave the matrimonial home, she is presently residing with her widow mother at Tamluk in the District of Purba Medinipur. She has no independent source of income nor she is receiving any maintenance from the opposite party. The petitioner is facing great hardship to travel the long distance of 160 kilometres, each way, between her present residence at Tamluk and the Court of the learned Additional District Judge, 4th Fast Track Court, Barrackpore. All these grounds urged by the petitioner remain uncontroverted.
Considering the grounds urged by the petitioner, I am satisfied that she has substantiated a ground for obtaining transfer of the matrimonial suit from the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore to the Court of the learned District Judge, Tamluk, District : Purba Medinipur.
Accordingly, the Matrimonial Suit No. 1183 of 2015 (Sri Goutamendra Nath Das vs. Mita Das) is withdrawn from the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore and the same is transferred to the Court of the learned District Judge at Tamluk, Purba Medinipur.
The learned District Judge, North 24 Parganas is directed to forthwith transmit all the records of the Matrimonial Suit No. 1183 of 2015 (Sri Goutamendra Nath Das vs. Mita Das) to the Court of the learned District Judge at Tamluk, Purba Medinipur.
It is made clear that the learned District Judge, Purba Medinipur may assign the matrimonial suit to the Court of any learned Judge at Tamluk, having determination to entertain the matrimonial suit.
3
With the above directions, CO 1188 of 2016 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 party, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)