Calcutta High Court (Appellete Side)
Sharmistha Datta vs Sumanta Kumar Datta on 29 June, 2016
1 162 29.06.2016
mb In the High Court At Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 1419 of 2016 Sharmistha Datta
-Vs.-
Sumanta Kumar Datta Mr. Manas Kumar Das ....for the petitioner Sk. Mujibar Rahman ....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 claiming a decree for restitution of conjugal rights and pending before the court of the learned Additional District and Sessions Judge at Kalyani, Nadia to the court of the learned Additional District and Sessions Judge at Nabadwip, Nadia.
Today, this application is taken up for final hearing after the parties have filed their respective affidavits in the application.
It is the case of the petitioner that after being compelled to leave the matrimonial home at Kalyani, she along with her minor child are presently residing with her parents at Nabadwip and she is 2 facing difficulty to contest the matrimonial proceeding by travelling the long distance between Nabadwip and Kalyani.
From the affidavit-in-opposition filed on behalf of the opposite party it appears that the petitioner is receiving maintenance at the rate of Rs.12,500/- per month for herself and the minor child. It further appears that the criminal proceeding initiated at the instance of the petitioner against the opposite party is now pending before the court of the learned Additional Chief Judicial Magistrate at Ranaghat, which was transferred from the learned court at Kalyani.
Having considered the facts and circumstances of the case and as submitted by both Mr. Das and Mr. Rahman, learned advocates appearing for the petitioner and the opposite party respectively, I am of the view that the interest of justice would be sub-served to both the parties in this application, if, the matrimonial suit is transferred to the court of the learned Additional District Judge at Ranaghat, Nadia.
Accordingly, the matrimonial suit, being M.A.T. Suit No. 328 of 2014 (Sumanta Kumar Datta vs. Sharmistha Datta) is withdrawn from the court of the learned Additional District and Sessions Judge at Kalyani, Nadia and the same is transferred to the Court of the learned Additional District Judge at Ranaghat, Nadia.
The learned District Judge, Nadia is directed to forthwith transmit all the records of the MAT Suit No. 328 of 2014 (Sumanta 3 Kumar Dtta vs. Sharmistha Datta) to the court of the learned Additional District Judge at Ranaghat, Nadia.
With the above directions, C.O. 1419 of 2016 stands disposed of.
There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.
(Ashis Kumar Chakraborty, J.)