Calcutta High Court (Appellete Side)
Smt. Arpita Bala vs Sri Debojyoti Sur @ Debajoti Sur on 29 August, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 29.08.19
Srimanta List - S/L Sl. No. 05 Ct. No. 25 C. O. 2736 of 2018 Smt. Arpita Bala
-Vs.-
Sri Debojyoti Sur @ Debajoti Sur Mr. Dytutiman Banerjee, Adv.
...for the petitioner.
Mr. S. Pachal, Adv., Mr. Siraj Gooptu, Adv.
...for the opposite party.
The opposite party filed Matrimonial Suit No. 1005 of 2018 praying for dissolution of marriage by a decree of divorce in the Court of the learned District Judge, Barasat under Special Marriage Act. The said suit was subsequently transferred for trial and disposal by the learned District Judge to the 5th Fast Track Court of the learned Additional District Judge, Barasat.
The petitioner has filed the instant application under Section 24 of the Code of Civil Procedure praying for transfer of the said Matrimonial Suit from Barasat to the Court of the learned District Judge, Murshidabad at Berhampore. On perusal of the record, it is ascertained that both the petitioner and the opposite party are members of West Bengal Health Service. The petitioner is now posted at Sagardighi Super Speciality Hospital in the district of Murshidabad, while the opposite party is posted at R.G.Kar Medical College and Hospital as Medical Officers.
The petitioner has prayed for transfer of the above-numbered matrimonial suit to the Court of the learned District Judge, Murshidabad at Berhampore on the ground that she has been staying for the purpose of her job at Berhampore. She is taking care of her minor child. After the marital discord, her old ailing parents have been residing with the petitioner. The 2 petitioner will face practical inconvenience if she is compelled to travel a distance of about 200 K.Ms. in one way to reach Barasat Court to contest the said suit for dissolution of marriage. She is not in a position to leave her child and old ailing parents at Berhampore. Therefore, the matrimonial suit may be transferred to Berhampore from Barasat.
Learned Advocate for the opposite party submits that in terms of the order dated 30 July, 2019 both the learned Advocates tried to settle the dispute between the parties amicably, but failed. It is not disputed that the petitioner has been working at Sagardighi Super Speciality Hospital, Murshidabad as a Medical Officer. Learned Advocate for the opposite party has not also disputed about the distance between Berhampore and Barasat. However, it is submitted by the learned Advocate for the opposite party that as the opposite party is also posted at R.G.Kar Medical College and Hospital as Medical Officer he will also face same inconvenience if the suit is transferred to Berhampore, Murshidabad.
Decision of the Hon'ble Supreme Court in the case of Rajani Kishor Pardeshi -Vs.- Kishor Babulal Pardeshi, reported in (2005) 12 SCC 237 may be relied upon in order to arrive at a conclusive decision in the instant matter. In the said reported decision, the wife/petitioner filed an application before the Hon'ble Supreme Court to transfer a matrimonial suit from Mumbai to Satna, Madhya Pradesh. The opposite party pleaded his inconvenience to conduct the suit at Satna, Madhya Pradesh. The opposite party also pleaded that he would bear travelling expenses of the petitioner. The Hon'ble Supreme Court held that while considering respective inconvenience of both the petitioner and the opposite party, inconvenience of the wife/petitioner will get preference over the inconvenience of the opposite party. The same principle may be applied in the instant case.
3For the reasons stated above, Matrimonial Suit No. 1005 of 2018 pending before the 5th Fast Track Court of the learned Additional District Judge, Barasat, North 24-Parganas be transferred to the Court of the Learned District Judge at Berhampore, Murshidabad.
I am appraised by the Bar that in Matrimonial Suit No. 1005 of 2018 written statement has already been framed. Therefore, issues are to be framed, evidence is to be recorded and the suit will have to be disposed of. Under such circumstances, the learned District Judge, Murshidabad at Berhampore is requested to take all endeavour for expeditious disposal of Matrimonial Suit No. 1005 of 2018 preferably within a period of eight months taking into account the fact that both the parties are Medical Officers and they are engaged in emergency duties.
Office is directed to send a copy of this order to both the Courts below for information and necessary action.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Bibek Chaudhuri, J.)