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Sanchita Pan @ Sanchita Sarkar vs Soumya Pan on 21 February, 2019

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21.02.19

Srimanta
List – S/L
Sl. No. 22
Ct. No. 25
C. O. 4 of 2019

Sanchita Pan @ Sanchita Sarkar

-Vs.-

Soumya Pan

Mr. Usof Ali Dewan, Adv.,
Mr. Asif Dewan, Adv.

…for the petitioner.

Mr. Dyutiman Banerjee, Adv.

…for the opposite party.

Marriage of the petitioner was solemnized on 18th January, 2015 with the
opposite party. However, marital life of the petitioner was not peaceful. In
the first part of 2016 she was compelled to leave her matrimonial home and
took shelter at her paternal home in a village within P. S. – Raghunathganj in
the district of Murshidabad. On the basis of a complaint filed by the petitioner
a criminal case under Section 498A/307/34 of the Indian Penal Code and
Sections 3 / 4 of Dowry Prohibition Act was instituted against the opposite
party and other matrimonial relations of the petitioner. The said criminal case
is pending before the learned Additional Chief Judicial Magistrate, Jangipur.
The petitioner also stated that she filed an application under Section 125 of
the Code of Criminal Procedure claiming maintenance wherein the opposite
party also entered appearance. Since the opposite party is attending Jangipur
Court, the petitioner has prayed for transferring the Matrimonial Suit No. 127
of 2016 from the Court of the learned Additional District Judge, Bishnupur to
the Court of the learned Additional District Judge, Jangipur.

Mr. Usof Ali Dewan, learned Advocate for the petitioner makes his
submission to the tune of what has been stated in the application under
Section 24 of the Code of Civil Procedure. It is further submitted by the
learned Advocate for the petitioner that distance between Bishnupur and
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Jangipur is about 233 kilometers. The petitioner has no source of income.
She is not getting maintenance allowance regularly. Therefore, if the
petitioner is directed to appear at Bishnupur, it will cause tremendous hardship
for her.

Mr. Dyutiman Banerjee, learned Advocate for the opposite party frankly
submits that on principle he is not objecting to the petitioner’s prayer for
transfer of the case. Only thing is that the opposite party is working as
Manager, Recovery and Inspection, Bangiya Gramin Bikash Bank, Paschim
Medinipur and is In-charge of 37 branches. He remains busy regularly in
visiting different branches within his jurisdiction. Therefore, if the matrimonial
suit is transferred to a Court of competent jurisdiction at a particular place
between Bishnupur and Jangipur, both the parties will not be prejudiced.

Having heard the submission made by the learned Advocates for the
parties and on perusal of materials-on-record, I find that the opposite party is
indeed attending Jangipur Court on the dates of hearing of the criminal
proceedings pending against him. If this Court selects a third venue for trial of
the matrimonial suit, the opposite party will suffer more because instead of
one place he will have to move two places. Moreover, while disposing of an
application under Section 24 of the Code of Civil Procedure arising out of a
matrimonial suit, convenience of the wife should be the prime consideration of
the Court.

For the reasons stated above, the application under Section 24 of the
Code of Civil Procedure is allowed on contest without cost. Matrimonial Suit No.
127 of 2016 pending in the Court of the learned Additional District Judge,
Bishnupur, Bankura be transferred to the Court of the learned Additional District
Judge, Jangipur, Murshidabad for trial.

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Let a copy of this order be sent to the learned Additional District Judge,
Bishnupur, Bankura and learned Additional District Judge, Jangipur, Murshidabad
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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