Ct. No. 6
SD C.O. 87 of 2018
Rupa Karmakar @ 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Accordingly, Matrimonial Suit No.39 of 2015 is withdrawn from the Court of the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.
With these observations, C.O.87 of 2018 is disposed of.
(Sahidullah Munshi, J.)