Calcutta High Court (Appellete Side)
Smt. Paulami Pal vs Sri Tarak Nath Sett on 24 July, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
Item No. 13 24.07.2023Court. No. 19
GB C.O. 804 of 2023 Smt. Paulami Pal Vs. Sri Tarak Nath Sett Mr. Panchanan Hajra ... for the Petitioner.
Mr. Prajenjit Debnath ... for the Opposite Party.
The revisional application has been filed by the wife, with a prayer for transfer of the Matrimonial Suit No.148 of 2022 pending before the learned Additional District Judge at Chandannagar, Hooghly to the Court of the learned Additional District Judge, Arambag, Hooghly. The grounds seeking such transfer are as follows:-
a) Two criminal cases are pending against the husband at Arambag.
b) The petitioner is not physically fit to travel to Chandannager.
c) The petitioner has to leave behind her two years old child, when she is required to attend court.
d) The distance between Chandannagar and Arambag is more than 60kms. each way .
e) The petitioner feels unsafe to travel to Arambag as there are allegations of physical torture, dowry demands, etc., against the husband.
Medical certificates have also been produced before this Court.
2The learned advocate for the husband submits that the husband is agreeable if the suit is transferred to the Court of the Additional District Judge at Serampore.
Considering the convenience of the wife and the factors which have been discussed hereinabove, this Court is of the view that a place which is equidistant for both would be suitable. However, as there is no other court available apart from Serampore which is five to ten minutes away from Chandannagar, no purpose will be served if the suit is transferred to Serampore.
Hence, the revisional application is disposed of with a direction upon the learned District Judge, Hooghly to withdraw the matrimonial suit from the court of the learned Additional District Judge at Chandannagar and to assign the same to any court of competent jurisdiction at Arambag, Hooghly. The transferee court, upon receipt of the records, shall issue notices upon the parties.
This order is being passed taking into consideration the health condition of the petitioner, her security and the age of the minor child, whom the petitioner has to leave behind when she has to attend the court. Also, the opposite party has to attend the proceedings at Arambag court.
Accordingly, the revisional application is disposed of. However, there will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)