Calcutta High Court (Appellete Side)
1117/2014 on 11 June, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
11.06.2014 C.O. NO. 1117 OF 2014
Mr. Kaushik Choudhury
For the Petitioner.
Mr. Joyjit Dutta
For the opposite party
The wife as the petitioner was seeking transfer of Matrimonial Suit No. 102 of 2013 pending before the learned District Judge, Darjeeling to the learned District Judge, Dakshin Dinajpur.
It was contended on behalf of the petitioner that she was residing with her parents at Buniadpaur, District Dakshin Dinajpur. The distance between her place of residence and that of the court at Darjeeling was in excess of 300 K.M. Apart from the distance inconvenience, she also cited her financial insecurity for seeking transfer.
The opposite party contested the proceedings by filing an affidavit. It was contended on behalf of the opposite party that earlier proceeding for divorce by mutual consent was filed at an appropriate court where the petitioner was residing. In spite of several opportunities being granted to the petitioner, the petitioner did not appear in such proceedings and consequently, such proceedings were dismissed. The petitioner was an Angwanwary worker.
The opposite party cited his health problem including advice to have a pace-maker as a ground for opposing the transfer. It was also submitted that a proceeding under Section 498A of the Indian Penal Code was pending at a court at Siliguri where the petitioner was required to attend. Lastly, it was submitted on behalf of the opposite party that the proceedings should be transferred at a place mid-way.
I have considered the rival contentions of the parties and the materials on record. The wife was residing with her parents. She was without source of income so as to maintain the litigation costs at Darjeeling. The distance between the place of residence and the court was a factor should be taken into consideration. The health condition of the opposite party did not persuade me. The opposite party was gainfully employed. Since the opposite party was in a position to attend his duties, he was also capable of attending the court proceeding in the event of transfer. The suggestion of transfer to a mid-way place was also not acceptable since the petitioner wanted the proceedings to be transferred to a place nearest to her place of residence to facilitate her to contest the proceedings adequately. Any transfer to a place mid-way as suggested on behalf of the opposite party would not remedy the situation of the petitioner.
In such circumstances, Matrimonial Suit No. 102 of 2013 pending in the Court of the learned District Judge, Darjeeling is transferred to the learned District Judge, Dakshin Dinajpur.
The learned District Judge, Darjeeling will transmit all records of Matrimonial Suit No. 102 of 2013 to the learned District Judge, Dakshin Dinajpur, who upon receipt of the same will hear and dispose of the same as early as possible.
The application being C.O. 1117 of 2014 is allowed. There will, however, 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)