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Anamika Sinha (Pal) vs Saibal Pal on 20 July, 2021

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15.
20.07.2021

S.D.

C.O. 1422 of 2020

Anamika Sinha (Pal)
Vs.

Saibal Pal

Mrs. Karabi Roy
..For the Petitioner.

Affidavit of service, which effects the service upon the

opposite party, filed in Court be kept on record.

In this application for transfer of the matrimonial

proceeding in M.A.T. Suit No. 44 of 2020 now pending in the

Court of learned District Judge, Hooghly, the petitioner/wife has

sought for transfer of the same to the Court of learned District

Judge, Nadia at Krishnagar.

The petitioner’s contention is that after marriage, the

petitioner was subjected to mental and physical torture in her

matrimonial home for demand of more dowry and she had

sustained burn injury allegedly inflicted by her husband.

Thereafter, the petitioner was taken to Maghataburu, Jharkhand,

where her husband was posted. There something was

administered to her for which she had to be admitted to hospital

and was discharged form the hospital on 7.8.2017 after treatment.

Having no alternative, she filed a Misc. Criminal Case No. 62 of
2

2018 and by order dated 3.3.2020, the learned Judicial Magistrate,

Krishnagar passed an order of interim maintenance in the said

proceeding under Section 125 Cr.P.C. It is further submitted that

the petitioner was compelled to file a case under Section 498A/307

IPC and Dhubulia Police Station Case No. 56 of 2018 dated

9.2.2018 was started for investigation and the petitioner has filed

a complaint under Section 406/34 IPC and a case being Dhubulia

Police Station Case No. 351 of 2018 dated 30.12.2018 was started

against the opposite party and all such cases are pending before

the learned Additional Chief Judicial Magistrate, Krishnagar,

Nadia wherein the opposite party has appeared to defend the

proceeding. Despite such mental and physical injury inflicted on

her, the petitioner had every mind to go for conjugal life, but

suddenly she has received notice in the said matrimonial

proceeding which was filed on behalf of the opposite

party/husband with the frivolous allegations.

Now, it is difficult for the petitioner being a destitute lady

having no income of her own to contest the matrimonial suit by

travelling a distance of more than 100 kms. in a day to attend the

Court as on every occasion her father has to accompany her to

attend the Court in Chinsurah to contest the matrimonial suit.

Accordingly, the petitioner has prayed for requisite order

for transfer of the matrimonial suit.

3

It appears from the record that the petitioner has taken

several attempts to modify the opposite party/husband with

regard to the present case and has filed affidavit of service which

are evident of the fact that despite notice given to the opposite

party/husband, none has appeared. Therefore, it is imperative for

this Court to take into consideration the inconvenience being

faced by the petitioner/wife in attending the Court to contest the

matrimonial suit.

In the context of the above and upon hearing the learned

Advocate for the petitioner, to facilitate the petitioner/wife to

contest the matrimonial proceeding and to mitigate the

inconvenience being faced by the petitioner, the matrimonial suit

being M.A.T. Suit No. 44 of 2020 be withdrawn from the file of

the Court of the learned District Judge, Hooghly and be

transferred to the file of learned District Judge, Nadia at

Krishnagar.

Thus, the application under section 24 of the CPC being

C.O. 1422 of 2020 is disposed of without any order as to costs.

Let a copy of this order be communicated to the transferor

and transferee Courts for their necessary action.

(Shivakant Prasad, J.)
4

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