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Paramita Chatterjee … vs Arijit Chatterjee on 25 February, 2019

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25.02.19

Srimanta
List – S/L
Sl. No. 03
Ct. No. 25
C. O. 3414 of 2018

Paramita Chatterjee (Bhattacharya)

-Vs.-

Arijit Chatterjee

Mr. Subrata Ghosh, Adv.

…for the petitioner.

Mr. Sougata Mitra, Adv.,
Mr. Manoj Kumar Kurmi, 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. 1618 of 2018
from the Court of the learned Additional District Judge, Fast Track, 1st Court,
Barasat to the Court of the learned Additional District Judge, Fast Track, 1st Court
at Purba Bardhaman.

It is stated by the petitioner in her application that sometimes in August,
2018 she received summons from Barasat Court and came to know that her
husband has instituted the above-mentioned matrimonial suit for dissolution of
marriage by a decree of divorce against her. The petitioner entered appearance
in the said suit at Barasat. Subsequently, she has moved the instant application
before this Court stating, inter alia, that after marriage she was subjected to
tremendous physical and mental torture by her husband and other matrimonial
relations. The opposite party did not change his attitude towards the petitioner
even after birth of a male child. On 24th August, 2018, the petitioner was
mercilessly beaten by her husband. She was rescued by the neighbours of her
matrimonial home. Failing to bear such torture, she left her matrimonial home
and took shelter at her paternal home at Bardhaman. She was medically treated
at Burdwan Medical College and Hospital. The petitioner lodged a complain in the
local Police Station under Section 498A/406/323/34 of the Indian Penal Code
against the opposite party and his parents. The said suit is pending at
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Bardhaman. It is further stated by the petitioner that distance between Barasat
and Bardhaman is approximately 150 kilometers. Petitioner has no source of
income. It will cause tremendous financial hardship to attend Barasat Court to
represent herself in matrimonial suit. Such financial hardship will further be
added on engagement of an Advocate on behalf of the petitioner at Barasat.
Therefore, she has prayed for transfer of the matrimonial suit to Purba
Bardhaman.

Learned Advocate for the petitioner submits to the tune of what has been
stated in the application. He also draws my attention to the copy of the injury
report of the petitioner which has been annexed with the application under
Section 24 of the Code of Civil Procedure.

Mr. Sougata Mitra, learned Advocate for the opposite party, on the other
hand, submits that the petitioner entered appearance before the 1st Fast Track
Court at Barasat to contest the matrimonial suit. Subsequently, only to drag the
said suit she has filed the instant application. Initially, there was a stay for a
period of six weeks passed by this Court. The said period being expired, the
matrimonial suit has been fixed for ex parte hearing. At this stage, if the suit is
transferred to Purba Bardhaman, the opposite party will suffer irreparably.

I have heard the learned Advocates for the petitioner and the opposite
party.

It is true that on 26th November, 2018 a Co-ordinate Bench of this Court
passed an order of stay for six weeks of further proceeding of Matrimonial Suit
No. 1618 of 2018. After expiry of the period, the petitioner has not prayed for
extension of the order of stay. On the contrary, it is also to be looked into that
the main application has come before this Court for disposal only this day.

The petitioner has been residing at her paternal home with her minor child.
She has no source of income. If she is compelled to appear before 1st Fast Track
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Court at Barasat, this will of course cause financial hardship to her. It is needless
to see that in a proceeding under Section 24 of the Code of Civil Procedure arising
out of matrimonial suit, paramount consideration should be the convenience of
the wife/petitioner.

Considering all the facts and circumstances stated above, I am inclined to
allow the application under Section 24 of the Code of Civil Procedure.

Matrimonial Suit No. 1618 of 2018 be transferred to the 1st Fast Track Court
of Additional District Judge, Purba Bardhaman from the 1st Fast Track Court of
Additional District Judge at Barasat.

Let a copy of this order be sent to the 1st Fast Track Court of Additional
District Judge, Purba Bardhaman and the 1st Fast Track Court of Additional District
Judge at Barasat through the office of this Court.

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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