C.O. 4210 of 2017
akb Smt. Sneha Bahgri @ Sharma
Mr. Sounak Bera …For the Petitioner
This is an application under Section 24 of the
Code of Civil Procedure seeking transfer of the matrimonial
Suit No. 171 of 2017 pending before the learned Family
Court at Calcutta.
The materials disclosed in this application under
Section 24 of the Code that the petitioner now resides with
her parents at Kharagpur, District – Paschim Medinipur, as
the husband deserted her.
According to the averments made in the petition,
the marriage was solemnised under the Special Marriage Act
on July 10, 2016 and due to severe mental and physical
torture upon the petitioner, she had to leave her matrimonial
home and she has now been residing with her parents at
Kharagpur, District – Paschim Medinipur. Materials also
disclosed in the said application filed by the wife that two
other proceedings, one being a maintenance proceeding
under Section 125 of the Criminal Procedure Code,
numbered as M.R. No. 409 of 2016 is pending before the
learned Chief Judicial Magistrate, Paschim Medinipur. It
appears from the record that the said 125 proceeding was
filed prior to the matrimonial suit filed before the learned
Family Court. The other proceeding, being proceeding
under Section 498A of the Indian Penal Code is also pending
before the lerned Chief Judicial Magistrate, Paschim
Medinipur and in the said proceeding the husband opposite
party has been granted bail.
All those apart the distance from the learned
Family Court where the matrimonial suit is pending is about
120 kms., which will take three hours in a single journey.
These proceedings, since, are being contested by
the husband at Paschim Medinipur, in my view there will be
no injustice if the Matrimonial Suit is also taken up to the
jurisdiction of the Court at Paschim Medinipur because the
husband has to come to Paschim Medinipur to contest both
498A proceeding as also the proceeding under Section 125
filed by the wife.
On such consideration, this Court directs
withdrawal of the Matrimonial Suit No. 171 of 2017 of 2017
from the Court of the learned Family Court, Calcutta and the
same is transferred to the learned District Judge, Paschim
Medinipur, who in turn shall assign the matter before any
other additional Court. After such assignment is made, the
transferee Court is also directed to issue notice afresh to the
parties before proceeding any further with the suit.
With the aforesaid direction application under
Section 24 of the Code of Civil Procedure is disposed of.
There will, however, be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be given to the petitioner, on priority basis.
( Sahidullah Munshi, J.)