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Rupa Karmakar @ Chowdhury vs Suvajit Chowdhury on 18 June, 2018

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S/L 12
18.06.2018
Ct. No. 6
SD C.O. 87 of 2018
Rupa Karmakar @ Chowdhury
Vs.
Suvajit Chowdhury

Mr. Malay Bhattacharya
Mr. S. Ghosh
… for the Petitioner.

Mr. Kaushik Ray
… for the Opposite Party.

This is an application under Section 24 of the Code of Civil Procedure seeking

transfer of Matrimonial Suit No.39 of 2015 filed by the husband under Section 13(i)(a) of

the Hindu Marriage Act, 1955 pending before the Court of learned Additional District

Judge, Durgapur, District Burdwan.

On going through the averments made in the petition, it appears that a proceeding

under Section 498A/307 of the Indian Penal Code is pending in the Court at Bishnupur

and another proceeding under Section 125 of the Code of Criminal Procedure initiated by

the wife is also pending in the Bishnupur Court.

That apart, the petitioner stated that she has been presently residing at Sonamukhi

at her parental home wherefrom it will take 25 kms. to go to Bishnupur. But from

Sonamukhi to Durgapur is about 45 kms. which may be a hardship for her, if she is

compelled to attend the matrimonial suit in the Court of Durgapur.

In the petition under Section 24, the wife’s convenience and inconvenience should

be paramount consideration to grant relief under Section 24 of the Code of Civil

Procedure. This Court has already decided the issue in the case of Smt. Pampa Banerjee

vs. Sri Mridul Banerjee reported in 2017(1) WBLR (Cal) 330. In view of the ratio decided

in the case of Smt. Pampa Banerjee (supra), I am of the opinion that the petitioner is

entitled to get an order of transfer as prayed for.

Accordingly, Matrimonial Suit No.39 of 2015 is withdrawn from the Court of the

learned Additional District Judge at Durgapur, District Burdwan and the same be

transferred to the Court of learned Additional District Judge at Bishnupur.

The learned transferee Court is directed to issue notice to the parties afresh and

thereafter to proceed with the suit.

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With these observations, C.O.87 of 2018 is disposed of.

(Sahidullah Munshi, J.)

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