In the High Court at Calcutta
Civil Revisional Jurisdiction
C.0.No.2737 of 2017
Sumona Saha (Ray)
Mr.Bratindra Narayan Ray
Ms.Priyanka Das .. for the petitioner.
Leave is granted to the petitioner to correct the cause title and the prayer
portion of the application in course of this day.
This is an application under section 24 of the Code of Civil Procedure,
1908, at the instance of the petitioner-wife, for transfer of the matrimonial suit
filed by the opposite party-husband and pending before the court of the learned
Additional District Judge, 3rd Fast Track Court at Malda to the court of the
learned District Judge at Alipore, South 24-Parganas.
It is the case of the petitioner that after being compelled to leave the
matrimonial home, she is presently residing with her parents at Bhawanipur,
Kolkata and she is facing great hardship to contest the matrimonial suit before
the court of the learned Additional District Judge, 3rd Fast Track Court at Malda
by travelling the long distance of 350 kms. each way, between Kolkata and
Malda. Further two proceedings, one under section 125 of the Code of Criminal
Procedure, 1973 and another under section 498A of the Indian Penal Code, 1860
against the opposite party-husband are pending before the Court of the learned
Chief Judicial Magistrate at Alipore, South 24-Parganas and the opposite party is
regularly attending the said proceeding without any difficulty.
According to Mr.Ray, in view of the decision of the Hon’ble Supreme Court
in the case of Tejalben vs. Mihirbhai Bharatbhai Kothari, reported in AIR 2016
Supreme Court 718, it is a fit case for transfer of the matrimonial suit as prayed
for in this application.
Having considered the facts of the case and the decision of the Hon’ble
Supreme Court in the case of Tejalben (supra), I am satisfied that the petitioner
has made out a prima facie case for interim protection. Accordingly, there will be
an interim order directing stay of all further proceedings in MAT Suit No.267 of
2017 [(Agniv Saha vs. Sumona Saha (Ray)], pending before the Court of the
learned Additional District Judge, 3rd Fast Track Court at Malda till the disposal
of this application.
The petitioner is directed to serve a copy of this application on the opposite
party-husband by speed post with acknowledgement due card.
Let this application appear under the heading ‘Contested Application under
section 24’ in the combined monthly list of November, 2017.
Urgent certified website copy of this order, if applied for, be made available
to the petitioner upon compliance of requisite formalities.
(Ashis Kumar Chakraborty, J.)