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Smt. Jhilik Dhibar vs Sri Raju Dhibar on 4 July, 2018


S/L 5
Ct. No. 6

C.O. 988 of 2018
Smt. Jhilik Dhibar

Sri Raju Dhibar

Mr. Pinaki Ranjan Chakraborti
… for the Petitioner.

Affidavit of Service filed in Court today be taken on record. Affidavit of Service

discloses that the registered article was sent on May 16, 2018. Although one month has

lapsed and the registered article has not come back to the petitioner, according to the

provisions of Order 5 Rule 9 of the Code of Civil Procedure, presumption can be drawn

that the opposite party has received the same inasmuch as the registered article was

addressed to the proper place and with requisite postal stamp.

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

transfer of Matrimonial Suit No.20 of 2016 pending before the learned Additional District

Sessions Judge, Khatra.

In the petition, it has been stated that under compulsion she had to leave her

matrimonial home and at present, she has been staying at her parental home at

Bhaktarnagar, under P.S. Raniganj in the District of Paschim Burdwan. The petitioner

has stated in the petition that she has got a female child and there is no one to accompany

her, if she is compelled to attend the Court while the matrimonial suit is pending.

That apart, the petitioner has expressed her difficulty to attend the said Court

where the matrimonial suit is pending because she has to travel a distance of about 130

kms. which is impossible for a lady to travel all alone and that too, her financial position is

not so sound.

It also appears from the petition that a proceeding under Section 125 of the Code of

Criminal Procedure is pending in the Court of the learned Additional Chief Judicial

Magistrate, Asansol, District West Burdwan. She also initiated a proceeding in the Court

of learned Additional Chief Judicial Magistrate, Asansol, District West Burdwan under the

provisions of Protection of Women from Domestic Violence Act, 2005 against the

husband which has been registered as Miscellaneous Case No.406 of 2014.

The present application also reveals that she had to file a criminal complaint

against the husband under Section 498A read with Section 406/307/34 of the Indian

Penal Code which was registered as G.R. Case No.2463 of 2014 and the same is pending in

the Court of the learned Additional Chief Judicial Magistrate at Asansol, District West

Burdwan and more importantly those proceedings are being contested by the husband.

Considering the difficulties expressed by the wife and the averments made in the

petition and after hearing the learned Advocate for the petitioner, it is difficult for this

Court to compel the wife to continue with the matrimonial proceeding in the Court where

it is pending now, i.e., Khatra in the District of Bankura.

Considering the agony of the wife and in consideration of the ratio decided in the

case of Smt. Pampa Banerjee vs. Sri Mridul Banerjee reported in 2017(1) WBLR (Cal)

330 decided by this Court, this Court is of the opinion that the Matrimonial Suit No.20 of

2016 be withdrawn from the learned Additional District Sessions Judge, Khatra,

Bankura and be placed before the learned District Judge, Burdwan who in turn shall

assign the matter to any other additional Court at Asansol.

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

trying the suit.

With these observations, C.O.988 of 2018 is disposed of.

(Sahidullah Munshi, J.)

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