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Judgments of Supreme Court of India and High Courts

Shipra Gomasta vs Satadru Biswas on 25 February, 2019

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S/L 26
25.02.2019
Ct. No. 6

SD
C.O. 1876 of 2018
Shipra Gomasta
Vs.

Satadru Biswas

Mr. Amajit De
… for the Petitioner.

Mr. Kalyan Bhaumik
… for the Opposite Party.

This application under Section 24 of the Code of Civil Procedure is at the instance

of the wife/petitioner seeking transfer of Matrimonial Suit No.2868 of 2017 pending

before the Court of learned Additional District Judge, 8th Court, Alipore.

By this application, the petitioner has sought for transfer of the said matrimonial

suit from Alipore to Durgapur. The specific ground made out in this application by the

petitioner that two other proceedings are pending before the Court at Durgapur and the

husband is contesting the same. A proceeding has been initiated by the wife under

Section 12 of the Protection of Women from Domestic Violence Act, 2005 registered as

Misc. Case No.23 of 2018 is pending before the learned Additional Chief Judicial

Magistrate, Durgapur and the husband/opposite party has already entered appearance

and contesting the same.

The other proceeding is a criminal proceeding arose from the complaint filed by the

wife against the husband under Section 498A read with Sections 406/323/34 of the

Indian Penal Code registered as C.R. Case No.67 of 2018 pending before the learned

Additional Chief Judicial Magistrate, Durgapur.

It is submitted that the opposite party/husband is on bail in the said 498A

proceeding. Since the other two proceedings at Durgapur Court are being contested by

the husband, I do not find any reason why the prayer made by the petitioner should not be

allowed withdrawing the suit from the court where it is pending and sending it before any

court at Durgapur because the husband has to contest the other two proceedings in

Durgapur.

This is undisputed that the wife/petitioner is presently residing at her parental

home at Durgapur and with the assistance of her parents, she is contesting the above
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proceedings. However, the husband/opposite party has submitted before this court that

in the event, the matrimonial suit is transferred to any court at Durgapur, he has to carry

the witnesses. In my view, this is not the ground for not transferring the proceeding and

the opposite party can travel to Durgapur.

Accordingly, I direct withdrawal of Matrimonial Suit No.2868 of 2017 currently

pending before the learned Additional District Judge, 8th Court, Alipore, South 24-

Parganas and transfer the same before the learned Additional District Judge, Durgapur,

District West Burdwan.

The learned Transferee Court, after receipt of the records of the matrimonial suit,

shall issue fresh notice to both the parties before proceeding any further with the

matrimonial suit.

However, on the submission made on behalf of the husband/opposite party, I

direct the learned Additional Chief Judicial Magistrate, Durgapur where the two other

proceedings pending, to fix a date of those proceedings on a day when the matrimonial

suit will be fixed by the learned Additional District Judge, Durgapur during its pendency,

in the event a prayer is made to that effect by the opposite party/husband.

With these observations, C.O. 1876 of 2018 is disposed of.

(Sahidullah Munshi, J.)

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