Calcutta High Court (Appellete Side)
Rituparna Jana vs Soumit Sarkar on 25 April, 2023
25.4.2023 255 Ct. no. 652 sb CO 1303 of 2023 Rituparna Jana Vs. Soumit Sarkar Mr. Malay Bhattacharyya Mr. Subhrajyoti Ghosh ...for the petitioner This is an application under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial suit no. 590 of 2023 presently pending before the court of learned Additional District Judge, FTC-1, at Barrackpore to any competent court at Bishnupur within the district of Bankura.
The petitioner contended that the petitioner was married with the opposite party on 27.1.2019. The petitioner alleged that after marriage, opposite party along with her family members started to inflict torture upon the petitioner both physically and mentally and ultimately had driven out from her matrimonial home on 2.7.2021 and since then the petitioner is residing at her paternal house at Sonamukhi, Bankura. The petitioner, finding no other alternative, has initiated a proceeding under Section 498A/323/406/34 of the Indian Penal Code which is now pending before the court of learned Additional Chief Judicial Magistrate, Bishnupur. 2 The petitioner further submits that all of a sudden, the opposite party/husband has instituted aforesaid suit seeking dissolution of marriage which is now pending before the court at Barrackpore. He further submits that the court at Barrackpore situates far away from her present place of residence at Sonamukhi and it involves a journey of about seven hours in one way and there is no direct communication by road from Sonamukhi to Barrackpore court and as such she is facing lot of difficulties in attending the said proceeding at Barrackpore court. Accordingly, the petitioner has sought for aforesaid transfer.
The petitioner is directed to serve a copy of the revisional application upon the opposite party by speed post with acknowledgment due with an intimation that the matter will appear under the heading "Hearing of Section 24 application" on 13th June, 2023 and to file affidavit of service on the returnable date.
Since the petitioner has made out an arguable case, let all further proceedings being Matrimonial suit no. 590 of 2023 presently pending before the court of learned Additional District Judge, FTC-1, at Barrackpore be stayed till 30th June, 2023.
(Ajoy Kumar Mukherjee, J.)