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Md. Moirul Hossain vs Julekha Begum on 5 December, 2019

1

05.12.2019
Sl. No. 12
Court No.35
s.biswas
CRR 3440 of 2018

Md. Moirul Hossain
Vs.
Julekha Begum

Ms. Sima Ghosh
… … for the petitioner

Affidavit-of-service filed by the petitioner be kept on record.

It appears that earlier three times, services were taken out, but

services could not be effected. Whereas track-report reveals that

item delivery has been confirmed. Endorsement of the postal peon

on envelope that the opposite party has refused to accept the service.

Therefore, this service is considered as valid.

Heard Ms. Ghosh, learned advocate appearing for the

petitioner.

Learned Advocate appearing for the petitioner has submitted

that the petitioner, Md. Moirul Hossain, husband of the opposite

party Zulekha has preferred this revisional application with a prayer

for transfer of Misc. Case No.118 of 2012 to the Court of Assistant or

Additional Chief Judicial Magistrate, Rampurhat.

It is submitted that petitioner’s permanent address as shown

in the cause title and opposite party’s permanent parental house

where she is presently residing as shown in the cause title and as per

voter list is Mayureswar Bidhansabha Nirbachan Khetra which falls
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within the jurisdiction of Rampurhat Sub-division of District

Birbhum.

The opposite party/wife has filed Misc. Case No.293 of 2012

and Misc. Execution case no.23 of 2017 for maintenance before the

learned Judicial Magistrate (II), Rampurhat and that the

petitioner/husband is paying maintenance as per the award.

It is also pointed out that the opposite party/wife has lodged a

complaint with the Officer-in-Charge, Rampurhat being G.R. Case

No.803 of 2012 under Section 498A of the IPC which is pending in

the Court of A.C.J.M., Rampurhat. Whereas she has filed the Misc.

Case No.118 of 2012 against her husband and in-laws under the

Protection of Women from SectionDomestic Violence Act, 2005 before the

Judicial Magistrate, 1st Court, Bolpur, Birbhum showing present

address against petitioner/husband suppressing the material facts

wherein interim order of Rs.2,000/- per month has been ordered on

19.07.2016 which is also being paid by the petitioner/husband in

spite of his incapacity and inconvenience faced by him.

It is argued that six family members have been added as the

respondents in the Misc. Case 118/2012 who are residing within

Rampurhat jurisdiction, but in separate village and they occasionally

visit their paternal house. Moreover, they are innocent and nowhere

connected with the crime and the opposite party/wife has filed the
3

said case with ill motive because her father is a powerful man in the

area.

It is also submitted that Bolpur is situated at a distance of 20

kilometers from Rampurhat Court and it would be convenient for

both the parties if the case pending before the Magistrate in Bolpur

Court is transferred to the Court of Chief Judicial Magistrate,

Rampurhat.

Since the opposite party/wife has filed Misc. Case 293 of 2012

and the Misc. Execution Case no.23 of 2017 for maintenance

pending in the Court of Judicial Magistrate (II), Rampurhat,

Birbhum, and a case under Section 498A of the IPC in G.R. case

No.803 of 2012 is also pending in the Court of A.C.J.M., Rampurhat,

it would be convenient for the petitioner as well as the opposite party

to attend the Court at Rampurhat.

Therefore, the Misc. Case No.118 of 2012 pending in the Court

of Judicial Magistrate, 1st Court, Bolpur, Birbhum be withdrawn and

be transferred to the Court of Judicial Magistrate, 2nd Court,

Rampurhat.

Thus, this revisional application being CRR 3440 of 2018 is

disposed of.

A copy of this order be sent to the District Judge, Birbhum for

withdrawal of the case being Misc. Case No.118 of 2012 from the

Court of Judicial Magistrate, 1st Court, Bolpur to transfer the same
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to the Court of Judicial Magistrate, 2nd Court, Rampurhat with the

direction to the recipient Magistrate to decide the case as

expeditiously as possible.

(Shivakant Prasad, J.)

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