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Smt. Sadhana Halder vs Sri Kamal Krishna Halder on 2 January, 2018

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(66)
02.01.2018
(p.j.)

IN THE HIGH COURT AT CALCUTTA
CIVIL RIVISIONAL JURISDICTION
APPELLATE SIDE

C.O. No. 4088 of 2017

Smt. Sadhana Halder
-versus-
Sri Kamal Krishna Halder

Mr. Amlyan Jyoti Sengupta
Mr. Abhijit Pal
… for the petitioner

This is an application for transfer of Title Suit No. 207 of 2008 (Kamal Krishna Halder vs.

Sadhana Halder) and T.S. No. 97 of 2008 along with Misc. Case No. 15 of 2014 pending in the

Court of the learned Civil Judge (Senior Division) at Baruipur.

The husband/opposite party has filed a Title Suit No. 207 of 2008 in the Court of learned

Civil Judge (Senior Division), Baruipur wherein the wife/petitioner has been made as party

respondent, inter alia, prayed for partition of the suit premises by metes and bounds. The petitioner

has already entered appearance and contesting the suit by filing her written statement.

The marriage between the parties was consummated according to Hindu rites and customs

and out of their wedlock a male child was born to them who is a student of B.A. 1st year. After the

marriage the father of the petitioner who was in service as a school teacher purchased a land

measuring about 2 cottahs along with one storeyed building thereon out of his own income.
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Suddenly dispute cropped up by and between the parties on and from 11th May, 2008 when the

opposite party escaped with the petitioner’s cousin sister namely Suparna Halder and learnt that her

husband is living in a rented house with her as husband and wife.

The petitioner submitted that she is a housewife having no income till date for which the

petitioner was compelled to draw up a proceeding under Section 125 Cr.P.C. in Misc. Case No. 574

of 2008, pending in the 4th Court of Judicial Magistrate at Alipore and has also filed a Canning

Police Station Case No. 656 of 2010 dated 14.10.2010 under Section 498A of IPC pending in the

Court of Judicial Magistrate, Alipore. It is submitted on behalf of the petitioner that Title Suit No.

97 of 2008 has been filed in the Court of learned Civil Judge, Senior Division, Baruipur for

injunction. Accordingly, the petitioner has prayed for transfer of T.S. No. 207 of 2008 and T.S.

No. 97 of 2008 pending in the Court of learned Civil Judge, Senior Division at Baruipur to a Court

of learned Civil Judge, Senior Division at Alipore, District : 24 Parganas (South).

The grounds taken by the petitioner is that the petitioner is a deserted wife having financial

hardship who has a student son and has to maintain him. The case under Section 498A IPC is also

pending and case under the provision of Domestic Violence Act, 2005 pending in the Court of

learned Magistrate, Alipore, for which the petitioner has applied before the learned District Legal

Services Authority, Alipore, (South) 24 Parganas for legal Aid which has been allowed and for that

she wants the two suits pending in the Court at Baruipur to be transferred to the Court at Alipore.

The grounds taken in the application are not tenable in law and in fact, the grounds and the

contention made by the petitioner in her petition is her wishful thinking as the legal aid services can

be extended to her even by the Chairman of the Sub-divisional Legal Services Committee,

Baruipur. It would also appear from the Order No. 14 dated 08.11.2017 passed in Misc. Case No.

385 of 2015 (R-605/15) passed by the learned District Judge, Alipore, 24 Parganas (South) that the
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prayer for transfer of those suits have been declined. An application under Section 24 of CPC was

rejected on contest without costs. Such rejection of Section 24 of CPC may not be a bar in an

application before the Hon’ble Court but the grounds it appears from the order itself that the parties

are admittedly living at Canning which is far away from Alipore and whereas Baruipur Court is

much nearer to Canning that being the permanent abroad of both the parties.

Having regard to the factual aspects and the grounds as noted above, this Court does not

find any tenable ground for transfer of the case to Alipore Court.

The petitioner is at liberty to avail of legal aid services from the District Legal Services

Authority through the Sub-divisional Legal Services Committee at Baruipur.

Thus, this application is rejected and is disposed of, however, without any order as to costs.

Certified website copies of the order, if applied for, be urgently made available to the party,

subject to compliance with all requisite formalities.

(Shivakant Prasad, J.)

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