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Jyoti Gupta (Jaiswal) vs Vicky Jaiswal on 21 February, 2019

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21.02.19

Srimanta
List – S/L
Sl. No. 19
Ct. No. 25
C. O. 156 of 2019

Jyoti Gupta (Jaiswal)

-Vs.-

Vicky Jaiswal

Mr. Nabankur Paul, Adv.

…for the petitioner.

Mr. Biswajit Ghosh, Adv.,
Mr. Avirup Chatterjee, Adv.

…for the opposite party.

This is an application under Section 24 of the Code of Civil Procedure filed
by the wife/petitioner praying for transfer of Matrimonial Suit No. 64 of 2017
pending before the 13th Court of the learned Additional District Judge, Alipore, 24-
Parganas (South) to the Court of the learned Additional District Judge at Siliguri in
the district of Darjeeling.

It is stated by the petitioner that she has been residing at Siliguri with her
minor daughter. She filed an application under Section 125 of the Code of
Criminal Procedure before the Court of the learned Additional Chief Judicial
Magistrate at Siliguri which was registered as M. R. Case No. 135 of 2017. The
petitioner also filed one other application under various provisions of Protection of
Women from Domestic Violence Act which is also pending before the learned
Additional Chief Judicial Magistrate at Siliguri. The opposite party appeared in
both the proceeding and has been contesting the said proceedings. The opposite
party also filed a case under Section 7 read with Section 25 of the Guardians and
Wards Act, 1890 before the learned District Judge, Darjeeling praying for
declaration as to legal guardianship and custody of their minor child. Under such
circumstances, the petitioner has prayed for transferring the Matrimonial Suit No.
64 of 2017 from the 13th Court of the learned Additional District Judge, Alipore to
the Court of the learned Additional District Judge at Siliguri.

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Mr. Nabankur Paul, learned Advocate for the petitioner submits that the
opposite party has been contesting the above-mentioned proceedings at Siliguri
and Darjeeling respectively and regularly attending the Court at Siliguri.
Therefore, he will face no difficulty if the matrimonial suit is transferred to the
Court of the learned Additional District Judge at Siliguri. On the other hand, the
petitioner who is no source of income, if directed to appear from Siliguri to
Alipore, it will cause tremendous financial hardship and mental agony for her for
her minor child.

Mr. Biswajit Ghosh, learned Advocate for the opposite party, on the other
hand, submits that the petitioner has been contesting Matrimonial Suit No. 64 of
2017 at Alipore. She has filed written statement. The said suit is now pending at
the stage of preemptory hearing and evidence of the father of the opposite party
is scheduled to be recorded on the next date of hearing of the said suit. At this
belated stage, the petitioner has filed the instant application praying for transfer
only to drag the proceeding. Learned Advocate for the opposite party has further
offered that the opposite party will bear all cost of conveyance of the petitioner
and her minor daughter for their journey from Siliguri to Alipore and back as per
actual expenditure. Therefore, he has raised serious objection against the prayer
made by the petitioner.

Having considered the submissions made by the learned Counsels for the
parties, I find that final hearing of Matrimonial Suit No. 64 of 2017 has been
proceeded to a considerable extent. Previously, the petitioner appeared before
the learned Additional District Judge, 11th Court at Alipore without raising any
objection and as a result contested the suit. The trial of the suit will be completed
immediately after recording evidence of the parties. At this stage, relative
convenience of the parties should not be taken into consideration for granting
prayer made by the petitioner. In view of the above discussion, the instant
application under Section 24 of the Code of Civil Procedure is rejected on contest
without cost. The opposite party is directed to bear the conveyance and
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accommodation charges of the petitioner and her daughter from Siliguri to Kolkata
and back on the dates of hearing of the matrimonial suit till its disposal.

The learned Trial Judge is also directed to take positive step for disposal of
the aforesaid matrimonial suit with utmost expedition and positively within three
months from the date of communication of this order.

Office is directed to send a copy of this order to the learned Courts
below.

Urgent photostat certified copy of this order, if applied for, be given to
the learned Advocates for the parties on the usual undertakings.

(Bibek Chaudhuri, J.)

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