C.O. 1449 of 2017
Smt. Sudeshna Adhya (Dutta)
Sri Sudipta Adhya
Mr. Amit Kr. Ghosh
….. For the Petitioner
Despite service no one appears on behalf of the opposite party to oppose this
This is an application under Section 24 of the Code of Civil Procedure praying for
transfer of Matrimonial Suit No.359 of 2016 now pending before the learned District Judge,
Murshidabad at Berhampore and to transfer the same to a suitable place nearer to the
It is the case of the petitioner that under compulsion she has been residing with her
parent at Durgapur and there is no one to accompany her to attend the matrimonial
proceeding currently pending in the Court of the learned District Judge Murshidabad at
The petitioner has stated that she is totally dependant upon her father with whom she
presently residing at Pandaveswar in the District of Burdwan which is nearer to the Court of
the learned District Judge, Durgapur.
The petitioner has stated that apart from the matrimonial suit there are two other
pending proceeding one is M.P. Case No.47 of 2017 which is pending before the learned
Additional Chief Judicial Magistrate at Durgapur initiated by her under Section 156(3) of the
Code of Criminal Procedure and the other proceeding is a case being Police Station Case
No.13 of 2017 dated 27th February, 2017 initiated under Section 498A/307/406/34 of the Indian
Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act against the opposite
party/husband and his family members.
Both the said proceedings are pending in the Court of Durgapur and the husband is
contesting the same. Convenience of wife is the paramount consideration in dealing with the
prayer for transfer under Section 24 of the Code of Civil Procedure and this issue has already
been decided by this Court in the case of Pampa Banerjee -Vs‐ Sri Mridul Banerjee, reported
in 2017 Vol.1 WBLR (Cal) 330.
Having heard the parties and the materials disclosed in the petition it appears that this
is a fit case where an order of transfer should be made. The petitioner resides at Pandaveswar
nearer to Durgapur Court and the proceeding under transfer has been initiated by the
husband at Berhampore in the District of Murshidabad which is about 150 kilometres in one
way from her present place of abode. That apart, this will be an onerous job for the petitioner
to attend the Court where the matrimonial suit is pending.
In view of the above, this Court directs withdrawal of the Matrimonial Suit No.359 of
2016 from the Court of the learned Additional District Judge, Murshidabad at Berhampore
and direct transfer of the same in the Court Additional District Judge at Durgapur in the
District of Burdwan.
After such transfer is made, the learned District Judge is directed to issue notice upon
both the parties about the next date of hearing.
With this above direction, C.O. No.1449 of 2017 is disposed of.
(Sahidullah Munshi, J.)