C.R.R. 1570 of 2017
rkd Ct. No.28
State of West Bengal Anr.
Mr. Baidurya Ghosal
…..for the petitioner.
Petitioner prays for transfer of the appellate proceeding
under Section 29 of the Protection of Women From Domestic
Violence Act pending in the Learned Sessions Judge at Cooch
Behar to any court of competent jurisdiction in the district of
Jalpaiguri. It is contended by the petitioner that the
matrimonial proceeding by and between the parties is pending
before the Court of the District Judge at Jalpaiguri and a
criminal case under Section 498A of the IPC is also pending
before the learned Judicial Magistrate at Jalpaiguir. It is
submitted that the petitioner is being threatened and is
unable to represent himself in the instant proceeding at Cooch
I have considered the submissions in the light of the
materials on record. Nature of the proceeding under the
provisions of the Protection of Women from Domestic Violence
Act is to provide redress from domestic violence including
economic violence to an aggrieved wife in a shared household.
The proceeding is, therefore, unique and different from a
matrimonial proceeding or a criminal proceeding pending
before the courts at Jalpaiguri. In view of the nature of the
proceeding and the reliefs sought for therein, it is imperative
that such proceeding is permitted to continue at a place which
is nearest to the residence of the opposite party no.2/wife
and, therefore, I am not inclined to transfer the proceeding to
another court on the score that other proceedings are pending
in such court.
With regard to the allegations of alleged threats on the
petitioner it is open to the petitioner to bring such fact to the
learned Magistrate and in the event the learned Magistrate is
so satisfied, he shall pass appropriate orders to ensure the
safety of the petitioner and his participation in the said
proceeding in accordance with law.
With the aforesaid observation, the writ petition is
Certified copy of this order, if applied for, be given to
the parties on priority basis.
(Joymalya Bagchi, J.)