Calcutta High Court (Appellete Side)
Re : Smt. Alpana Bairagya vs Mihirbhai on 17 August, 2016
Author: Indrajit Chatterjee
Bench: Indrajit Chatterjee
1 17.08.2016 Item No.44 aks C.O. 1646 of 2016 Re : Smt. Alpana Bairagya ... Petitioner.
Mr. Sajal Kanti Bhattacharya ... for the petitioner.
Mr. Dipayan Kundu .. for the opposite party.
This is application under Section 24 of the Code of Civil Procedure wherein the petitioner/wife has prayed for transfer of Matrimonial Suit No. 56 of 2016 now pending before the court of the learned District Judge, Howrah to the court of learned Additional District Judge, Barrackpore, 24-Parganas (North).
It is submitted by Mr. Bhattacharya, learned Advocate, appearing on behalf of the petitioner that two other cases are pending at Barrackpore - one under Section 125 of the Code of Criminal Procedure and the other under Section 498A of the Indian Penal Code.
He has cited one decision of the Apex Court reported in AIR 2016 SC 718 (Tejalben Vs. Mihirbhai Bharatbhai Kothari) wherein the Apex Court directed transfer of the pending proceeding from Rajkot to Jamnagar where the further proceedings were pending between the parties.
Heard Mr. Kundu, learned Advocate, appearing on behalf of the opposite party/husband who submits that the decision of the Apex Court cannot apply to this case in view of the fact that the distance between Jamnagar and Rajkot is 93 k.m. whereas the distance between Howrah and Barrackpore is less than 35 k.m.
On the principle decided by the Apex Court in Tejalben (Supra), this court prefers to allow the application under Section 24 of the Code of Civil Procedure.
Let Mat Suit no. 56 of 2016 now pending before the learned District Judge, Howrah is hereby withdrawn and stands transferred to the court of the learned Additional District Judge, Barrackpore, 24-Parganas (North).
Learned District Judge, Howrah is hereby directed to transmit the records of said matrimonial suit to the court of the learned Additional District Judge, Barrackpore within seven days from the receipt of the order.
The transferee court on receipt of such records must issue notice to both the parties and communicate receipt of the records and the next date of hearing.
2With the aforesaid observations, the application under Section 24 of the Code of Civil Procedure stands disposed of.
There will, however, be no order as to costs.
Office is directed to communicate this order to both the learned courts below.
The parties will also be at liberty to communicate this order to the learned courts below along with a copy of this order.
Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.
(Indrajit Chatterjee, J.)