IN THE HIGH COURT AT CALCUTTA
CIVIL RIVISIONAL JURISDICTION
C.O. No. 3852 of 2017
Smt. Nandita Saha
Sri Aniket Saha
Mr. Purnasish Ray
… for the petitioner
This is an application under Section 24 of the Code of Civil Procedure read with Section
151 of the Code of Civil Procedure praying for transfer of Matrimonial Suit No. 1547 of 2017 for
Restitution of Conjugal Rights under Section 22 of the Special Marriage Act, 1954 pending in the
Court of learned Additional District Judge, 1st Court, Alipore, 24 Parganas (South) to the Court of
learned District Judge at Cooch Behar, inter alia, on the grounds that the petitioner having no
income has to spend at least an amount of Rs. 2000/- towards traveling expenses and Rs. 1500/-
towards food and lodging expenses apart from the fees of her learned advocate and other expenses.
The father of the petitioner is not having enough income to support the petitioner as he has to
maintain his family expenses apart from the huge legal expenses to be incurred for contesting the
matrimonial suit. The allegation made in paragraph 3 of the petition, the petitioner was subjected
to physical and mental torture by her husband and his family members and driven out from the
matrimonial house on 30.4.2017. As a result, she came to her father’s house at Cooch Behar and
since then the petitioner is living with her family members at New Dabri Road Bye Lane (West),
Police Station : Kotwali, Post Office and District : Cooch Behar. It could appear from the petition
that there is no case registered on behalf of the petitioner for the alleged offence under Section
498A of the Indian Penal Code. There is no application under Domestic Violence Act as well filed
by the petitioner in any Court at Cooch Behar for any protection order.
Therefore, the story of physical and mental torture cannot be readily and prima facie
accepted. A party has got the right to choose forum and the petitioner cannot get the case
transferred to Cooch Behar for her convenience because the convenience of the petitioner is also
not required to take into consideration in an application under Section 24 of the Code of Civil
Procedure. However, if the petitioner has to attend Alipore Court on the date of hearing, she would
certainly be entitled to the amount incurred on account of her travelling and food and lodging as
well which could be payable obviously by the opposite party husband in the proceeding before the
trial Court in matrimonial suit.
Thus, I do not find any reason to issue any notice or pass any order for the opposite party to
appear and contest the application.
Accordingly, the revisional application being CO 3852 of 2017 is dismissed, 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.)