Calcutta High Court (Appellete Side)
Rumi @ Prila Sen (Ghosh) vs Sri. Sumit Kumar Sen on 28 January, 2020
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
C.O 2685 of 2019
Rumi @ Prila Sen (Ghosh)
-Versus-
Sri. Sumit Kumar Sen
For the Petitioner: Mr. Arunava Ganguly, Adv.
For the Opposite party: Mr. Sayan De, Adv.,
Ms. Srimoyee Mukherjee, Adv.
Heard on: January 16, 2020.
Judgment on: January 28, 2020.
BIBEK CHAUDHURI, J. : -
1.The wife/petitioner has filed the instant application under Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial Suit No.18 of 2019 filed by her husband/opposite party herein from the Court of the learned Additional District Judge, Mekhliganj, Cooch Behar to the Court of the learned District Judge Asansol at Paschim Burdwan.
2. It is stated by the petitioner that her marriage was solemnized with the opposite party on 24th July, 2007. In the said wedlock the petitioner gave birth to a female child on 8th October, 2009. After the birth of the 2 female child, the petitioner was subjected to physical torture and mental cruelty by her husband. Failing to bear such physical and mental torture the petitioner was compelled to leave her matrimonial home on 2nd October, 2011 and took shelter to her paternal home at Asansol in the District of Paschim Burdwan. The daughter of the parties is aged about 10 years and she is a student of India International School at Asansol. After receiving summons, the petitioner came to know that the opposite party has instituted Matrimonial Suit No.18 of 2019 in the Court of the learned District Judge, Mekhligang for restitution of conjugal rights. The petitioner has prayed for transfer of the said suit to Asansol on the ground that at her paternal home she resides under the care of her parents who are presently aged about 69 years and 58 years respectively. It is not possible for the petitioner to attend the Court at Mekhligang from Asansol covering a distance of about 65 km alone. It is also not possible for her to leave her daughter at her paternal home under the care of her old parents. Therefore the petitioner has prayed for transferring the said suit to a Court of competent jurisdiction at Asansol.
3. The opposite party has been contesting the said application by filing an affidavit-in-opposition. It is stated by the opposite party that he is working as an Assistant Teacher at Goalibari 5th Plan Primary School in the district of Cooch Behar. At the time of their marriage, the petitioner was pursuing her studies and with the encouragement of the opposite party, the petitioner completed her Master's Degree and passed B.Ed examination. Entire expenses for her education was borne by the opposite 3 party. Subsequently, the opposite party noticed a strange change in the behaviour of the petitioner. She used to ill-treat the parents of the opposite party. In 2011 she voluntarily left her matrimonial home with their minor child and began to stay at Asansol. As the opposite party is still willing to live his marital life with the petitioner, he filed a suit for restitution of conjugal rights in the Court of the learned District Judge at Mekhliganj.
4. It is contended by the opposite party that it is not possible for him to attend Asansol Court taking leave from his job. Therefore he prayed for dismissal of the instant application under Section 24 of the Code of Civil Procedure.
5. The petitioner has filed an affidavit-in-reply reiterating her case made out in the application under Section 24 she also denied the statement made by the opposite party in his application.
6. I have heard learned Advocates for the petitioner and the opposite party. Both the learned Advocates have agreed that the petitioner will suffer inconvenience if she is compelled to contest the suit at Mekhliganj. At the same time, the learned Advocate for the opposite party submits that the inconvenience of the opposite party should also be taken into consideration if the suit is transferred to Asansol, the opposite party will have to take at least three days leave from his school. It is not possible for him and the authority will not allow the opposite party to take such prolong leave to contest the suit at Asansol. Therefore, the learned 4 Advocate for the opposite party proposes that the suit may be transferred to the Court of the learned District Judge, Malda for trial and disposal.
7. The learned Advocate for the petitioner, on the other hand, submits that the petitioner will suffer almost the same convenience if the suit is transferred from Mekhliganj to Malda and she is asked to go to Malda to contest the suit.
8. I have considered the submission made by the learned Advocates for the parties. Considering the comparative convenience and inconvenience of both the parties, I am of the view that if the matrimonial suit is transferred to the Court of the learned District Judge, Murshidabad at Berhampur inconvenience of both the parties will be mitigated to some extent.
9. For the reasons stated above the instant application under Section 24 of the Code of Civil Procedure is disposed of transferring matrimonial Suit No.18 of 2019 pending before the learned Additional District Judge Mekhliganj to the Court of the learned District Judge Murshidabad at Berhampur.
10. Office is directed to send a copy of this order to both the courts below for information and compliance.
11. Under the facts and circumstances of the case there shall be no order as to cost.
(Bibek Chaudhuri, J.)