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(22)
25.04.2017

(p.j.)

IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE

C.O. 257 of 2017

Smt. Rinku Karmakar

-versus-

Uday Karmakar

Mr. Suddhadev Adak
… for the petitioner

Mr. Rakendu Lal Mitra
… for the opposite party

In this application under Section 24 of the Code of Civil Procedure, 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 District District Sessions Judge, Bishnupur at Bankura to any

competent Court at Arambagh in the District- Hooghly.

A copy of the application, together with the order dated February 7, 2017 passed by this

Court was served upon the opposite party. Mr. Rakendu Lal Mitra, learned counsel, appeared for

the opposite party.

Although as directed by this Court on April 11, 2017, both the parties are present before this

Court, but they fail to settle their matrimonial dispute. Accordingly, this application is taken up for

hearing.

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It is the case of the petitioner that after being compelled to leave the matrimonial home, she

is presently residing with her father at Arambagh. She has no independent source of income nor is

she receiving any maintenance from the opposite party. She is facing great hardship to contest the

matrimonial suit before the learned District District Sessions Judge, Bishnupur at Bankura by

travelling the long distance between Arambagh and Bishnupur. Learned advocate for the petitioner

further submitted that proceedings filed by the petitioner under Section 498A of the Indian Penal

Code, as well as the proceedings under Section 125 of the Criminal Procedure Code, 1973 against

the opposite party are pending before the learned Additional Chief Judicial Magistrate at

Arambagh.

The opposite party could not dispute the distance between the residence of the petitioner at

Arambagh and the Court of the learned District Judge, Bishnupur, Bankura where the matrimonial

suit is pending.

Undisputedly, the petitioner has no independent source of income and she is not receiving

any maintenance from the opposite party.

The proceeding initiated against the opposite party under Section 498A of the Indian Penal

Code as well as application filed by the petitioner under Section 125 of the Code of Criminal

Procedure, 1973 are pending before the learned Additional Chief Judicial Magistrate, Arambagh.

In view of the decision of the Supreme Court in the case of Tejalben vs. Mihirbhai Bharatbhai

Kothari, reported in AIR 2016 SC 718 the matrimonial suit should be transferred to the competent

Court at Arambagh.

For the reasons as aforesaid, the petitioner has substantiated a ground for obtaining transfer

of the matrimonial suit as prayed for in this application.
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Accordingly, the Matrimonial Case No. 141 of 2016 (Uday Karmakar vs. Smt. Rinku

Karmakar) is withdrawn from the Court of the learned Additional District Sessions Judge,

Bishnupur at Bankura and the same is transferred to the Court of the learned Additional District

Judge, Arambagh.

The learned District Judge, Bishnupur at Bankura is directed to forthwith transmit all the

records of the Matrimonial Case No. 141 of 2016 (Uday Karmakar vs. Smt. Rinku Karmakar) to

the Court of the learned District Judge, Hooghly who shall, in turn, transmit the same to the Court

of the learned Additional District Judge, Arambagh.

The learned Additional District Judge, Arambagh is requested to make an endeavour for

expeditious disposal of the matrimonial case, preferably within the month of February, 2018.

Since the petitioner could not file her written statement in the matrimonial case before the

learned District Judge, Bankura, she shall file the same before the learned transferee Court within

six weeks from the date of receipt of notice of transmission of the records of the matrimonial case

from the learned transferee Court.

With the above directions, CO 257 of 2017 stands allowed. However, there shall be no

order as to costs.

Certified website copies of the order, if applied for, be urgently made available to the

parties, subject to compliance with all requisite formalities.

(Ashis Kumar Chakraborty, J.)