Calcutta High Court (Appellete Side)
846/2014 on 2 June, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
02.06.2014 C.O. NO. 846 OF 2014
Mr. Subrata Kumar Roy Karmakar
For the petitioner.
By this petition, the wife as the petitioner was seeking transfer of Matrimonial Suit No. 147 of 2013 from the learned Additional District and Sessions Judge, 1st court, Contai, Purba Medinipore to the court of the learned District Judge, Chinsurah, Hooghly.
The petitioner was directed to serve a copy of the application on the opposite party by an order dated April 2, 2014. An affidavit of service was filed showing that the opposite party was served with the intimation on April 9, 2014 but none appeared on behalf of the opposite party.
It was submitted on behalf of the petitioner that two proceedings, namely, one under Section 125 of the Code of Criminal Procedure and the other under Section 498A of the Indian Penal Code were pending before the learned courts at Chinsura, Hooghly.
The petitioner was residing with her parents at Balagarh, District Hooghly. There was no other male member in the family of the petitioner to accompany her to attend the court at Contai, Purba Medinipore.
I have considered the contention of the petitioner and have perused the materials on record.
Considering that two proceedings were pending at Hooghly and that the petitioner was a lady without any male member in the family to accompany her to attend the court at Contai, it would be appropriate to transfer the Matrimonail Suit No. 147 of 2013 pending before the learned Additional District and Sessions Judge, 1st Court, Contai, Purba Medinipore as prayed for.
In such circumstances, Matrimonial Suit No. 147 of 2013 pending before the learned Additional District and Sessions Judge, 1st Court, Contai, Purba Medinipore be transferred to the learned District Judge, at Chinsurah, Hooghly.
The learned Additional District and Sessions Judge, 1st Court, Contai, Purba Medinipore is directed to transmit all the records of Matrimonial Suit No. 147 of 2013 to the learned District Judge, Chinsurah, Hooghly, who upon receipt of the same will consider and adjudicate the matrimonial proceeding in accordance with law.
The application is, thus, disposed of.
There shall be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debangsu Basak,J)