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25.04.17
28/skp
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE
C.O. 831 of 2017
Smt. Debalina Das (Saha)
-vs.-
Dr. Soumya Saha
Mr. Angshuman Chakraborty,
Mr. Shivaji Mitra,
Ms. Aiswaraya Roy …. For the petitioner.
Mr. Uday Shankar Chattopadhyay,
Mr. Suman Chattopadhyay … for the opposite party.
In this application under Section 24 of the Code of Civil Procedur, 1908 the petitioner-wife
has prayed for, transfer of the matrimonial suit filed by the opposite party-husband and pending
before the Court of the learned Addl. District Judge, 1st Court at Barasat, North 24-Parganas to
the Court of the learned District Judge, Hooghly at Chinsurah.
Being prima facie satisfied that the case made out by the petitioner on March 21, 2017,
this Court passed an interim order directing stay of all further proceedings in the matrimonial
suit pending before the Court of the learned Additional District Judge, 1st Court at Barasat, North
24-Parganas, till the disposal of this application.
A copy of the application together with the copy of the order dated March 21, 2017 were
served upon the opposite party and Mr. Uday Shankar Chattopadhyay appeared for the opposite
party.
It is the case of the petitioner that she is facing great hardship to travel the long distance
between her present residence at Bandel and the Court of the learned Additional District Judge,
1st Court at Barasat, North 24-Parganas. The petitioner has filed two criminal proceedings against
the opposite party, the first one under Section 125 of the Criminal Procedure Code and the other
for an offence under Section 498A of the Indian Penal Code, which are pending before the learned
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Additional Judicial Magistrate at Chinsurah, Hooghly and the opposite party is contesting the
said proceedings without any difficulty. Relying upon the decision of the Supreme Court in the
case of Tejal Ben vs. Mihir Bhai Bharat Bhai Khothari, reported in 2016 SC 718, it is submitted
when the said criminal proceedings are pending before the learned Additional Judicial Magistrate
at Chinsurah, it is a fit case for transfer of the matrimonial suit from the Court of the learned
Additional District Judge, 1st Court at Barasat to the Court of the learned District Judge, Hooghly
at Chinsurah.
It is submitted on behalf of the opposite party that the petitioner had appeared before the
learned Additional District Judge, 1st Court at Barasat, North 24-Parganas and the next date of
hearing of the suit has been fixed for framing of the issues. It is further submitted by Mr. Uday
Shankar Chattopadhyay that the opposite party is paying Rs. 15,000/- to the petitioner on
account of litigation cost and as per the order passed in the application under Section 125 of the
Cr.P.C. by the learned Chief Judicial Magistrate, Chinsurah, the opposite party is paying Rs.
15,000/- per month. He further submitted that the petitioner is presently posted as the Medical
Officer of the Govt. of West Bengal, Lalgola in the district of Murshidabad.
Having considered the facts of the case and in view of the decision of the Supreme Court
in the case of Tejal Ben (supra) cited by the petitioner, I find that the petitioner has substantiated
the ground for transfer of the matrimonial suit, as prayed for in this application.
Accordingly, the Matrimonial Suit No. 99 of 2015 [Dr. Soumya Saha vs. Smt. Debalina
Das (Saha)] is withdrawn from the Court of the learned Additional District Judge, 1st Court at
Barasat, North 24-Parganas and the same is transferred to the Court of the learned District
Judge, Hooghly at Chinsurah.
The learned District Judge at Barasat, North 24-Parganas is directed to forthwith transmit
all the records of the Matrimonial Suit No. 99 of 2015 [Dr. Soumya Saha vs. Smt. Debalina Das
(Saha)] to the Court of the learned District Judge, Hooghly at Chinsurah.
The learned District Judge, Hooghly may assign the matrimonial suit to the Court of any
learned Additional District Judge at Chinsurah having determination to entertain the matrimonial
suit.
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As prayed for by the parties, the learned transferee Court is requested to expeditiously
dispose of the matrimonial suit preferably within the period eight months from the date of receipt
of the records of the matrimonial suit, without granting any unnecessary adjournment to either of
the parties.
The C.O. 831 of 2017 stands allowed.
There shall be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties
upon compliance of all requisite formalities.
(Ashis Kumar Chakraborty, J.)
