Smt. Sukhla Das vs 347 Suchinta Kumar Das on 9 January, 2018

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ct- 09.1.2018
CO 2202 of 2017
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Smt. Sukhla Das
Vs.
347 Suchinta Kumar Das

Mr. Anit Kumar Rakshit
Mr. S.S. Bayerd
ar … For the Petitioner

Mr. Tapan Chakraborty
… For the Opposite Party

On being subjected to mental and physical
torture the petitioner was compelled to leave her
matrimonial home along with her minor
daughter in a single apparel and took shelter to
her father’s house. Therefore, she filed a
complaint under Sections 498A/406 of the
Indian Penal Code being Serampore P.S Case No.
206 of 2013 dated 26th May, 203 against the
respondent/husband and his family members.

The respondent did not take any information
about the petitioner and has not even paid any
maintenance to the petitioner and her minor
daughter, although he is a Government employee
working in SBSTC, Durgapur and earned
Rs.30,000/- per month.

An application under Section 23(2) of the
Protection of Women from Domestic Violation
Act, 2005 was filed before the learned Judicial
Magistrate, 3rd Court, Serampore and the same
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was registered as M.C No. 175 of 2011 in which
the order dated 30th July, 2013 has been passed
directing the husband and his family members
not to commit any domestic violence on the

petitioner and restrained them from alienating
the property at H/2, Bidhan Park, Sector-I, P.O-
Phuljhor, P.S-M.M.C, Durgapur-6, District-
Burdwan and also directed not to disturb the
peaceful living of the petitioner in the said house.
It would appear that since 24th May, 2013 the
petitioner along with her minor daughter has
been living in her parents’ house at the mercy of
her parents. In the said order the
respondent/husband was also directed to pay
Rs. 2,500/- per month for the petitioner and
Rs.1,500/- per month for the minor daughter as
maintenance from the date of the order and the
Officer-in-Charge, M.M.C Police Station was
directed to assist the petitioner in case she
approached for compliance of the order. It
signifies by the order dated 30th July, 2013 that
the petitioner has already been given the order of
protection in her matrimonial house at Durgapur
with the assistance of local P.S, M.M.C,
Durgapur.

The contention raised at this stage that an
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Execution Case has also been registered for non-
compliance of the order for payment of the
maintenance as awarded by the said order and
the same is pending in the Court of the learned
Judicial Magistrate, 3rd Court, Serampore. It is
the contention of the petitioner that she has no
personal source of income and the father of the
petitioner has no income in his old age as he
used to previously earn by hawking in local
train. It is also stated that in order to attend the
court proceeding in connection with the
Matrimonial Suit at Durgapur she has to

commute from her residence at Sheoraphuli to
Durgapur by train and it would hamper the
school going minor female child in her absence.

Accordingly, the petitioner has prayed for
transfer of the Matrimonial Suit for divorce filed
by the husband to the Court of learned
Additional District Judge, Serampore from the
court of learned Additional District Judge,
Durgapur where the Matrimonial Suit No. 218 of
2017 has been filed.

Considering the submissions made above
and considering the predicament on the part of
the petitioner to commute by train from
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Sheoraphuli to Durgapur in attending the court
proceeding in connection with the Matrimonial
Suit this revisional application being CO 2202 of
2017 is considered and accordingly allowed.

Let the Matrimonial Suit No. 218 of 2017
pending before the learned Additional District
Judge, Durgapur be transferred to the Court of
the learned Additional District Judge,
Serampore.

Let a copy of this order be sent to the Court
of the learned Additional District Judge,
Serampore as well as to the Court of the learned
Additional District Judge, Durgapur for
information.

There will be no order as to costs.

Urgent photostat certified copy of this order,
if applied for, be given to the parties upon
compliance of all necessary formalities.

(Shivakant Prasad, J.)
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