Calcutta High Court (Appellete Side)
Annu Sharma vs Sri. Sanjay Sharma on 26 August, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CO 4569 of 2016
Annu Sharma
Vs.
Sri. Sanjay Sharma
For the petitioner: Mr. Mrinal Ranjan Pramanik
Mr. Z. Ahemed Tarofder
Heard on: July 16, 2019.
Judgment on: August 26, 2019.
BIBEK CHAUDHURI, J. : -
1.This is an application under Section 24 of the Code of Civil Procedure (hereafter CPC) filed by the wife/petitioner praying for transfer of Matrimonial Suit No.52 of 2016 filed by her husband/opposite party herein for dissolution of marriage by a decree of divorce from the Court of the learned Additional District Judge at Serampore to the Court of the learned Additional District Judge at Alipore.
2. It is stated by the petitioner in the above mentioned application praying for transfer of the said matrimonial suit that her marriage with the opposite party was solemnised according to Hindu Marriage and Ceremonies on 26th April, 2016. At the time of marriage the opposite party and his family members demanded huge amount of money and other valuables as dowry from the petitioner's family. The said demand was fulfilled and finally marriage was solemnised. After marriage the petitioner went to her matrimonial home at Rishra in the District of Hooghly. Shortly after the said marriage the opposite party and his family members demanded more dowry amounting to Rs.8,00,000/- from the petitioner's father. She was subjected to physical and mental torture by the opposite party and his family members finally on 28th August, 2016 she was driven out from her matrimonial home. The petitioner took shelter at her paternal home at village Jagtipota in the district of South 24 Parganas. Subsequently, the opposite party instituted Matrimonial Suit No.522 of 2016 in the Court of learned Additional District Judge, Serampore praying for dissolution of marriage by decree of divorce against the petitioner.
3. The petitioner has sought for transfer of the said suit from Serampore to Alipore on the ground that distance between Serampore and her paternal home is about 52 km. It is not possible for her to attend Serampore Court on the dates on which the hearing of the said suit would be fixed. She has no other person to accompany her to Serampore and cannot travel alone from her residence to the Court where the said suit is pending. She will not be able to contest the suit properly at Serampore Court. Hence the application for transfer of the said suit.
4. I have carefully perused the application under Section 24 of the CPC. Except distance of Serampore Court from her paternal home, no further case of inconvenience of the petitioner is made out in support of her prayer transfer of the said suit. It is needless to record that after marriage the petitioner led her conjugal life with the opposite party at Rishra within the jurisdiction of Serampore Court. Therefore, Serampore Court has jurisdiction to try the matrimonial suit under Section 19 of the Hindu Marriage Act. In my considered view, simply because the wife feels inconvenient to attend Court at Serampore is no ground for withdrawal of matrimonial suit from Serampore Court and to transfer it at Alipore. However, in a proceeding under Section 24 of the CPC arising out a matrimonial suit inconvenience of the petitioner would get preference in comparison to the inconvenience of the opposite party.
5. Considering the facts and circumstances of this case and bearing in mind convenience of both the parties, I am of the view that none of the parties will be prejudiced if the said matrimonial suit is transferred to the Court of learned Additional District Judge at Sealdah for trial and disposal.
6. For the reasons stated above, the instant application under Section 24 of the CPC is disposed of with the direction that the Matrimonial Suit No.52 of 2016 pending in the Court of the learned Additional District Judge, Serampore, Hooghly be transferred to the Court of the learned Additional District Judge, Sealdah for trial and disposal.
7. The department is directed to send a copy of this order to the learned Additional District Judge, Srirampur, Hooghly and the learned Additional District Judge, Sealdah, South 24 Parganas for information and compliance of the order.
Urgent certified website copies of this judgment, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Bibek Chaudhuri, J.)