Calcutta High Court (Appellete Side)
Smt. Jayeeta Chakraborty vs Sudipto Chakraborty on 29 August, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 11. 29.08.2017
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 1737 of 2017 Smt. Jayeeta Chakraborty
-Vs.-
Sudipto Chakraborty Mr. Uttam Kumar Mazumder ...for the petitioner Ms. Somdyuti Parekh, Mr. Arnab Nandi ...for the opposite party In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner wife has prayed for, transfer of the matrimonial suit filed by the opposite party-husband and pending before the Court of the learned 14th Additional District Judge at Alipore, South 24-Parganas to the Court of the learned Additional District Judge at Kalyani, Nadia.
In the present case, the petitioner has also filed a suit against the opposite party before the learned Additional District Judge at Kalyani, Nadia claiming a decree for dissolution of marriage. The petitioner-wife has also filed a petition under Sections 498A/406/34 of the Indian Penal Code read with Section 93 of the Criminal Procedure Code against the opposite party-husband which is pending before the learned Additional Chief Judicial Magistrate at Kalyani, Nadia. The other application filed by the petitioner-wife against the opposite party-husband under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is also pending before the learned 2 Additional Chief Judicial Magistrate at Kalyani, Nadia. Undisputedly, the opposite party is contesting both the said criminal proceedings before the learned Additional Chief Judicial Magistrate at Kalyani, Nadia.
Although, it is submitted on behalf of the petitioner that she is presently suffering from various ailments and some medical prescriptions are produced on behalf of the petitioner but, having considered the facts of the case, I find that the interest of justice would be sub-served to both the parties if both the matrimonial suits filed by the opposite party-husband as well as the petitioner-wife are transferred to the Court of the learned Additional District Judge, 2nd Court at Barrackpore, North 24-Parganas.
Accordingly, the Matrimonial Suit No. 90 of 2016 (Sudipto Chakraborty vs. Smt. Jayeeta Chakraborty) is withdrawn from the Court of the learned 14th Additional District Judge at Alipore, South 24-parganas and the same is transferred to the Court of the learned Additional District Judge, 2nd Court at Barrackpore, North 24- Parganas.
The learned District Judge, South 24-Parganas is directed to forthwith transmit all the records of the Matrimonial Suit No. 90 of 2016 (Sudipto Chakraborty vs. Smt. Jayeeta Chakraborty) to the Court of the learned District Judge, North 24-parganas at Barasat, who shall, in turn, transmit the same to the Court of the learned Additional District Judge, 2nd Court at Barrackpore, North 24-Parganas.
Similarly, the Matrimonial Suit No. 418 of 2016 (Smt. Jayeeta Chakraborty vs. Sudipto Chakraborty) is also withdrawn from the Court of the learned Additional District Judge at Kalyani, Nadia and the same is transferred to the Court of the learned Additional District Judge, 2nd Court at Barrackpore, North 24-Parganas.
The learned District Judge, Nadia is directed to forthwith transmit all the records of the Matrimonial Suit No. 418 of 2016 (Smt. 3 Jayeeta Chakraborty vs. Sudipto Chakraborty) to the Court of the learned District Judge, North 24-parganas at Barasat, who shall, in turn, transmit the same to the Court of the learned Additional District Judge, 2nd Court at Barrackpore, North 24-Parganas.
The learned transferee Court shall dispose of both the matrimonial suits filed by the opposite party-husband, as well as the petitioner-wife by way of analogous hearing.
With the above directions, the revisional application, C.O. 1737 of 2017, stands disposed of.
There shall, however, be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.
(Ashis Kumar Chakraborty, J.)