C.O.174 of 2019
Mr. Proshenjit Mookherjee.
…for the Petitioner.
Mr. M. Maity,
Mr. Prabir Rej.
…for the Respondent.
This is an application under Section 24 of the Code of Civil
Procedure (hereafter the CPC) filed by the wife/petitioner praying
for transfer of Matrimonial Suit No.22 of 2018 which was filed by
the husband/opposite party in the 6th Court of the learned Civil
Judge (Junior Division) at Alipore to the Court of the learned Civil
Judge (Junior Division) at Rampurhat in the district of Birbhum.
It appears from the application that the marriage of the
petitioner and the opposite party/husband was performed on 16th
December, 2016 according to the Mohammedan rites and
ceremonies. Soon after her marriage, the petitioner was subjected
to physical and mental torture which prompted her to take shelter
at her paternal home after eight (8) months of marriage sometimes
in August, 2017. It is also alleged by the petitioner that the
opposite party/husband is having illicit relation with another lady
during the subsistence of the said marriage. In the wedlock
between the petitioner and the opposite party/husband, she gave
birth to a male child on 25th May, 2018. It is further contended by
the petitioner that she has no source of income. It appears that
she is fully dependent upon her parents. She is also pursuing her
teachers’ training course at Rampurhat. Distance between
Rampurhat and Alipore is about 300 kilometers. The petitioner will
suffer tremendous financial hardship if she is compelled to come
to Alipore Court to contest the Matrimonial Suit No.22 of 2018
which has been filed by the opposite party/husband for restitution
of their conjugal rites. It is also submitted by the petitioner that
she filed a petition under Section 125 of the Code of Criminal
Procedure against the opposite party/husband claiming
maintenance for herself and her minor daughter. The criminal
case under Section 498A of the Indian Penal Code along with other
penal provisions is also pending before the Court of the Learned
Additional Chief Judicial Magistrate, Rampurhat. Therefore, the
petitioner has prayed for transferring Matrimonial Suit No.22 of
2018 to a Court of competent jurisdiction at Rampurhat.
Mr. Maity, learned Advocate for the opposite party/husband
at the outset submits that the opposite party/husband has filed a
Matrimonial Suit No.22 of 2018 for restitution of conjugal rites. If
the petitioner wants to lead normal and happy conjugal life with
the opposite party/husband, the latter will withdraw the suit. If on
the contrary, the petitioner does not want to lead normal marital
relation with the opposite party/husband, in such case also the
opposite party/husband will withdraw the suit for restitution of
conjugal rites because under such circumstances, the opposite
party/husband will not get any relief in proceeding with the said
Under instruction, learned Advocate for the petitioner
submits that the petitioner was subjected to tremendous physical
and mental torture by the opposite party/husband and other
matrimonial relations at her matrimonial home. She was driven
out from her matrimonial home within one year of marriage.
Moreover, the nature of allegation that has been levelled against
the opposite party/husband suggests that the petitioner would not
be in a position to reunite and lead normal marital relation with
the opposite party/husband.
In view of such circumstances and giving due honour of the
submissions made by the learned Advocate for the opposite
party/husband, the opposite party/husband will have no other
alternative but to withdraw the Matrimonial Suit No.22 of 2018.
On instruction, Mr. Maity also submits that the opposite
party/husband will withdraw the said suit at the earliest
In view of such circumstances, I am of the view that no
purpose will be sub-served by transferring Matrimonial Suit No.22
of 2018. Therefore, the prayer of the petitioner for transferring the
said suit is refused and the instant revision under Section 24 of
the CPC is disposed of contest on the basis of the above
Urgent photostat certified copy of this order, if applied for,
shall be given to the parties, as expeditiously as possible on
compliance of all necessary formalities.
( Bibek Chaudhuri, J.)