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Smt. Priyanka Sao Gupta vs Sri Sandip Kumar Sao on 16 January, 2020

1

16.01.2020

Mithun
List – S/L
Sl. No. 42
Ct. No. 17
C.O. 3052 of 2019

Smt. Priyanka Sao Gupta

-Vs.-

Sri Sandip Kumar Sao

Mr. Chittapriya Ghosh, Adv.

Mrs. Aiswarjya Gupta,Adv.

Mr. Samir Kumar Adhikari, Adv.

Ms. Priyanka Saha, Adv.

Mr.Komol Singh, Adv.

…for the petitioner.

The wife/petitioner has invoked the provision under Section 24 of the Code
of Civil Procedure praying for transfer of Matrimonial Suit No.21 of 2017 presently
pending before the learned Additional District Sessions Judge, Fast Track, 2nd
Court at Purulia to the Court of the learned District Judge, Paschim Burdwan at
Asansol on the ground that the marriage between the parties was solemnized on
30th January, 2015. However, immediately after marriage, an aspersion was put
upon the petitioner to the effect that she was suffering from mental disorder and
eventually she was driven out from her matrimonial home and the opposite
party/husband filed Matrimonial Suit No.21 of 2017 for dissolution of marriage by
a decree of divorce against the petitioner before the learned District Judge at
Purulia. The said suit was transferred to the 2nd Fast Track Court of the learned
Additional District Judge, Purulia for trial and disposal. It is pleaded by the
petitioner that after being driven out from her matrimonial home, she took shelter
at her paternal home at Asansol. She filed a criminal case under Section 498A
and other cognate penal provisions of the Indian Penal Code against the opposite
party and other matrimonial relations at Asansol. She also filed an application
under Section 125 of the Criminal Procedure Code praying for maintenance.
Though orders for payment of maintenance in the proceeding under Section 125
2

Cr.P.C. as well as under Section 24 of the Hindu Marriage Act were passed. The
opposite party/husband has complied with the said order. The petitioner,
therefore, has no money to maintain herself. It is not possible for her to contest
the suit at Purulia travelling from Asansol spending considerable amount of
money. For this reason, the petitioner has prayed for transfer of the said
matrimonial suit to the Court of the learned District Judge, Paschim Burdwan at
Asansol.

I have heard learned Advocate for the petitioner. I have also perused the
averment made by the petitioner in her application under Section 24 of the Code
of Civil Procedure. It is ascertained from the affidavit-of-service that the opposite
party duly received the notice of the instant proceeding but he has not appeared
before this Court to contest the instant application for transfer of the suit.
Therefore, the statement of the petitioner remains uncontroverted.

The petitioner has no source of income. It is really inconvenient for her if
she is compelled to travel from Asansol to Purulia to contest the suit for divorce.
As a result I am inclined to allow the instant application under Section 24 of the
Code of Civil Procedure.

The Matrimonial Suit No.21 of 2017 be transferred to the Court of the
learned District Judge, Asansol, Paschim Burdwan from Fast Track 2nd Court of the
learned Additional District Judge at Purulia for trial and disposal.

Let a copy of this order be sent down to the Courts below for compliance.

Urgent photostat copy of this order, if applied for, be supplied to the
parties subject to compliance with all requisite formalities.

(Bibek Chaudhuri, J.)

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