Jayashree Saha(Halder) vs Pritam Halder Alias Sambhu Halder on 5 September, 2017

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In The High Court At Calcutta
Civil Revisional Jurisdiction

05.09.17
CO 535 of 2017
Jayashree Saha(Halder)
v.

Pritam Halder alias Sambhu Halder

Mr. Indrani Patra
… for the petitioner.

Mr. Satyajit Mondal
Mr. Suranjan Mondal
… 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 Additional District Judge at Diamond Harbour to the

competent Court of the learned Additional District Judge at Barrackpore, having jurisdiction to

entertain the matrimonial suit.

The grounds urged by the petitioner in this application are that after being compelled to

leave the matrimonial home, she along with her minor daughter are presently residing at

Titagarh. She has no independent source of income, nor is she receiving any maintenance from

the opposite party. She is also otherwise unable to contest the matrimonial suit filed by the

opposite party husband before the Court of t he learned Additional District Judge at Diamond

Harbour, by travelling the long distance between Titagarh and Diamond Harbour along with her

minor daughter who is only one and half years old. The petitioner has further claimed that as per

the complaint lodged by herself against the opposite party, the criminal proceeding under

Sections 498A/323/406/506/34 of the Indian Penal Code is pending before the learned 2nd

Additional Judicial Magistrate, Barrackpore and the same is being contested by the opposite

party. The application filed by the petitioner under Section 125 of the Cr.P.C. against the opposite

party is also pending before the learned Additional Chief Judicial Magistrate, Barrackpore, which

is also being contested by the opposite party.

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After being satisfied that the petitioner has made out a prima facie case on March 7, 2017

this Court passed an interim order directing stay of all further proceedings in Matrimonial Suit

No. 10 of 2017 [Sri Pritam Halder v. Smt. Jayashree Saha (Halder)] pending before the Court of

the learned Additional District Judge at Diamond Harbour till the disposal of the application.

Today when this application is taken up for hearing Mr. Satyajit Mondal, learned advocate

appearing for the opposite party did not dispute the pendency of the criminal proceedings under

Sections 498A/323/406/506/34 of the Indian Penal Code before the learned 2nd Additional

Judicial Magistrate, Barrackpore, as well as pendency of the application under Section 125 of the

Criminal Procedure Code before the learned Additional Chief Judicial Magistrate, Barrackpore.

He, however, submitted that the opposite party is taking steps for obtaining transfer of the

application under Section 125 of the Criminal Procedure Code from the Court of the learned

Additional Chief Judicial Magistrate, Barrackpore. In any event, the hardship to be faced by the

petitioner for travelling the long distance between her present residence at Titagarh and the

learned Court at Diamond Harbour to contest the matrimonial suit is not disputed by the

petitioner. In the facts of the present case and the decision of the Hon’ble Court in the case of

Tejal Ben v. Mihir Bhai Bharat Bhai Kothari, reported in AIR 2016 SC 718, I find that the

petitioner has substantiated a ground for obtaining transfer of the matrimonial suit as prayed for

in this application.

Accordingly, the Matrimonial Suit No. 10 of 2017 [Sri Pritam Halder v. Smt. Jayashree

Saha (Halder)] is withdrawn from the Court of the learned Additional District Judge, Diamond

Harbour and the same is transferred to the Court of the learned 2nd Additional District Judge at

Barrackpore, North 24-Parganas.

The learned District Judge at Alipore, South 24-Parganas is directed to forthwith transmit

the records of the Matrimonial Suit No. 10 of 2017 [Sri Pritam Halder v. Smt. Jayashree Saha

(Halder)] to the Court of the learned District Judge at Barasat, North 24-Parganas, who shall in

turn transmit the same to the Court of the learned 2nd Additional District Judge at Barrackpore,

North 24-Parganas.

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With the above directions, CO 535 of 2017 stands disposed of. However, there shall be no

order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the

respective parties upon compliance of all requisite formalities.

sh

(Ashis Kumar Chakraborty, J)

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