Calcutta High Court (Appellete Side)
Akg vs Ct.21 Naresh Kumar Bansal on 8 April, 2022
C.O. 1035 of 2021 7 Smt. Rinki Agarwal @ Bansal 08-04-2022 AKG Versus Ct.21 Naresh Kumar Bansal Mr. Naba Kumar Paul ...for the Petitioner The petitioner is represented by her lawyer, who files affidavit of service along with postal receipt and track report, which shows due service upon the opposite party. None appears on behalf of the opposite party.
The application under Section 24 C.P.C. is taken up for consideration.
By filing the present application under Section 24 of the Code of Civil Procedure, the petitioner/wife has sought for transfer of the matrimonial suit no. 524 of 2020 from the Court of Additional District Judge, 3 rd Court, Alipore to the Court of Additional District Judge at Siliguri in the district of Darjeeling. It has been contended that the petitioner is a lady from Siliguri and is married to the opposite party, who is a resident of Kolkata. After marriage, matrimonial dispute and discord due to arose between the petitioner/wife and her husband. The petitioner was driven out from the matrimonial home on 24.04.2019 and as such, she had no option but to return back to Siliguri and take shelter in her paternal house. Even after going back to her parents house, she was 2 subjected to some kind of mental torture by the opposite party and his family members and due to which she had to file a case under Domestic Violence Act against her husband and in-laws which is pending in the Court A.C.J.M Siliguri. She has filed another criminal complaint case against her husband being C.R. Case No. 74 of 2020 and which is pending before learned Judicial Magistrate, She has filed another criminal complaint case against her husband being C.R. Case No. 74 of 2020 and which is pending before the learned Judicial Magistrate, the 3rd Court at Siliguri.
It has been contended the petitioner is a woman having no source of income of her own and she filed application under Section 125 of Cr.P.C and which is pending before the Judicial Magistrate, 2nd Court at Siliguri.
The opposite paty has filed a suit for restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955 and which is pending in the Court of learned Additional District Judge, 3rd Court at Alipore.
It has been contended that it would be physical hardship and financial burdensome for the petitioner to attend the Court at Alipore, South 24 Parganas from Siliguri. The distance between Alipore, and Siliguri, is about 600 kilometers.
Considering the long distance between Siliguri and 3 Kolkata and the fact that the petitioner/wife is lady having no source of income of her own and the fact that the husband is already contesting the three criminal proceedings pending against him in Siliguri Court, it would not cause any hardship to the husband to conduct his case in Siliguri Court. Let the matrimonial suit no. 524/2020 be withdrawn from the Court of Additional District Judge, 3rd Court, Alipore and transfered to the Court of Additional District Judge, 2nd Court at Siliguri. The learned Additional District Judge, 3 rd Court, Alipore shall transfer the records of Mat Suit No. 524/2020 to the Court of Additional District Judge, 2 nd Court at Siliguri within a period of 30 days from the date of communication of this order. The parties shall appear before the Court of learned Additional District Judge, 2nd Court at Siliguri on 21.05.2022 irrespective of transfer of the records of the said matrimonial suit but only on the basis of server copy of this order.
The learned Additional District Judge, 2 nd Court at Siliguri shall act on such communication. The transferee Court shall proceed to dispose of the said suit from the stage at which it has already reached.
The transferee Court is further requested to expedite disposal of the said matrimonial suit in 4 accordance with law.
Accordingly, C.O. 1035 of 2021 is disposed of. Interim order, if any, stands vacated. Connected applications, if any, also stand disposed of.
There shall be no order as to costs.
Parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, be applied for, be given to the parties, upon compliance of all formalities.
(Kesang Doma Bhutia, J.)