Sl. No. 12
CRR 3440 of 2018
Md. Moirul Hossain
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
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
within the jurisdiction of Rampurhat Sub-division of District
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
said case with ill motive because her father is a powerful man in the
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,
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,
Thus, this revisional application being CRR 3440 of 2018 is
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
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.)