8 05.09.2019 CO 4214 of 2018
AN Ct. No. 25
Smt. Kuntala Ghosh
Sri Ashok Krishna Ghosh
Mr. Avik Ghatak
Mr. Salman Hasan
… for the petitioner
Affidavit of service filed be kept with the record.
It is submitted that the Mat. Suit No. 176/2018 now
pending before the Court of the learned District Judge, Chinsurah,
Hooghly filed by the opposite party praying for dissolution of marriage
by decree of divorce, is sought to be transferred to the Court of the
learned Additional District Judge, Katwa, Purba Burdwan by invoking
the provisions of Section 24 of the Code of Civil Procedure.
At the outset, I like to record that as directed by this
court, notice of the instant proceeding was sent to the opposite party,
it is ascertained from the affidavit of service that the opposite party
duly received the notice but he has not turned up. Therefore, I have
no other alternative but to take up hearing of the instant matter in
presence of the learned counsel appearing on behalf of the petitioner.
It is submitted that transfer of the Mat. Suit No.
176/2018 is sought for by the petitioner/wife on the following
i) Distance between Katwa and Chinsurah is about 120
kms. in one way. The petitioner will have to travel approximately
240/250 kms. in both the ways if she is directed to contest the said
suit at Chinsurah, Hooghly;
ii) Except her old ailing father, there is no other person to
accompany her from Katwa to Chinsurah, it will not only cause
hardship to her but also to her father;
iii) The petitioner was driven out from her matrimonial
home sometime in the month of March, 2018, she took her shelter at
her paternal home at katwa. She initiated a proceeding under
Section 125 of the Code of Criminal Procedure claiming maintenance
allowance for herself against her husband. A Criminal case under
Section 498A of the Indian Penal Code and other cognate penal
provisions is also pending at Katwa Court against the opposite
party/husband and other matrimonial relations of the petitioner;
iv) The petitioner appeared before the learned District
Judge, Chinsurah, Hooghly in Mat. Suit No. 176/2018 on 15.09.2018
but in the afternoon, she was threatened by her husband and some
unknown persons of dire consequences, if she wants to contest the
So is the application for transfer of the said Matrimonial
Mr. Avik Ghatak, the learned counsel appearing on behalf
of the petitioner placed reliance on the following judgments in support
of his contention in the case of SectionMandeep Kaur vs. Kamaljeet Singh
reported in (2004) 13 SCC 592 and Rajani Kishor Pardeshi vs. Kishor
Babulal Pardeshi reported in (2005) 12 SCC 237 and submitted that
inconvenience of the petitioner in carrying out a matrimonial
proceeding is the prime consideration while adjudicating an
application under Section 24 of the Code of Civil Procedure and the
convenience of the wife is to be preferred over the convenience of the
It is urged by Mr. Ghatak that the petitioner has no
source of income. Her application for maintenance allowance has not
yet been disposed of. The opposite party has failed and neglected to
pay any amount towards subsistence allowance of the petitioner.
Considering the financial background of the petitioner, the said
matrimonial suit ought to be transferred to Katwa where the
Mr. Ghatak also refers to another decision of Karnataka
High Court in the case of SectionC. S. Shyamala vs. C. S. Srikantaiah
reported in AIR 1990 Kar 146. In the said decision, a matrimonial
suit was transferred to a place situated at a distance of about 69
kms. away taking into consideration the factual background of
human misery and lack of economic independence of the petitioner.
It is also submitted by the petitioner that a litigant cannot
freely conduct his/her case if he/she is threatened by his/her
In the instant case, the petitioner had to lodge a G.D.
because she was harassed and threatened with dire consequences if
she attempted to contest the said Mat. Suit No. 176/2018 at
Chinsurah, Hooghly where the suit is now pending. In view of the
threat perception clearly pleaded by the petitioner, the said
Matrimonial suit ought to be transferred from Chinsurah to Katwa.
The opposite party husband has not come forward to
contest the instant application by refuting factual statement made by
the petitioner. Since the facts are not denied by the opposite party,
this court has no predicament to consider such factual background
made by the petitioner on affidavit.
The petitioner has been residing at Katwa at her paternal
home. She has no source of income. She is now solely dependent
upon her old parents. Considering her economic background,
distance of Chinsurah Court from her present place of residence at
Katwa, pendency of two criminal proceedings at Katwa Court and
specific allegation of threat given to her by the opposite party when
she went to Chinsurah to contest the said suit, I am of the view that
the instant application deserves favourable consideration.
Accordingly, the said Mat. Suit No. 176/2018 pending
before the learned District Judge, Chinsurah, Hooghly be transferred
to the court of learned Additional District Judge, Katwa for trial and
For the reasons stated hereinabove, the instant revisional
application under Section 24 of the Code of Civil Procedure is
A copy of this order be sent to the learned District Judge,
Chinsurah, Hooghly and the learned Additional District Judge, Katwa
for information and compliance with regard to transfer of the said
matrimonial suit through the Department forthwith.
There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for,
shall be given to the parties as expeditiously as possible on
compliance of all necessary formalities.
(Bibek Chaudhuri, J.)