IN THE HIGH COURT AT CALCUTTA
CIVIL RIVISIONAL JURISDICTION
C.O. No. 4088 of 2017
Smt. Sadhana Halder
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.
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
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.)