Arnab Choudhury vs State Of West Bengal & Anr on 15 May, 2017

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C.R.R. 1570 of 2017
259 15.05.2017

rkd Ct. No.28
Arnab Choudhury

-vs-

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

Behar.

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
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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

disposed of.

Certified copy of this order, if applied for, be given to

the parties on priority basis.

(Joymalya Bagchi, J.)

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