1

02.08.2019

Item No.27
Ct. No.22
CHC

C.O. 3854 of 2017
Smt. Sangita Ghosh
Vs.

Sri Manish Ghosh

Mr. Purnasish Roy
…for the petitioner

Mr. P. K. Basu
…for the opposite party

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

Procedure read with Section 151 of the Code of Civil Procedure

praying for transfer of a Matrimonial Suit No.1526 of 2017 now

pending before the court of Learned Additional District Judge, 2nd

Court, Barrackpore to the court of Learned District Judge at

Cooch Behar on the ground as set out in the petition itself.

The case of the petitioner/wife is that she is the legally married

wife of the o.p./husband, the marriage having been solemnized

on 3rd May, 2012 according to Hindu Rites and Customs.

The wife/petitioner has claimed herself to have been subjected

to physical and mental torture by her husband in several ways

and at the initial stage of her married life, the petitioner started

ignoring such ill treatment with high hope that same would be

pecified in the long run and she will be given a chance to lead a

peaceful conjugal life with her husband.

2

On and from 10th November, 2016, the petitioner had to take

shelter in her father’s house at Cooch Behar under a compelling

circumstances.

The petitioner received the summons with her utter surprise

that Mat. Suit praying for divorce under Section 13 of the Hindu

Marriage Act has been filed against her by her husband in

Barrackpore Court. After being neglected by her husband she has

now been residing in father’s house and completely on the mercy

of her parents. The Barrackpore Court is about 600 K.m. away

from Cooch Behar requiring an overnight journey, which will be

completely impossible for her to undertake such journey alone in

the absence of any male members bearing substantial expenses

connected with the journey, which the petitioner has no such

fund at the moment to sustain such expenses.

It is also the case of the petitioner that receiving torture and

cruelty in the hands of her husband, she has also filed a

complaint at Kotwali Police Station, Cooch Behar under Section

498A I.P.C. which is now pending before the learned Magistrate,

Cooch Behar in connection with G.R. Case No.1433 of 2016.

Besides above case, she has also filed another proceeding under

SectionD.V. Act in connection with D.V. Case No.164 of 2016 and a

further case under Section 125 Cr.P.C. for maintenance being
3

No.164 of 2016 and both the cases are pending before the

Learned Magistrate at Cooch Behar.

In the case under Section 498A I.P.C. instituted by the wife

against her husband, o.p./husband is now on bail and entered

his appearance in connection with maintenance proceedings the

reference of which is mentioned hereinabove.

Learned advocate for the petitioner referring such facts

mentioned hereinabove submits that upon consideration of the

physical harassment, security of the petitioner together with the

expenses needed for undertaking journey in order to take part in

the pending proceeding at Barrackpore, the transfer should be

allowed, as proposed.

Learned advocate for the opposite party/husband

controverting the submission raised by the petitioner submits

that since the opposite party/husband presently maintains

hostile relationship with the family members of his wife residing

at Cooch Behar, his life may be endangered, if the case is allowed

to be transferred to Cooch Behar from Barrackpore.

It is also submitted by the learned advocate for the petitioner

that he has also been subjected to threat at the instance of the

family members of his wife causing him to be highly apprehensive

of his life, if he is made to reach Cooch Behar to ensure his

appearance in the pending matrimonial suit. Learned advocate
4

for the opposite party thus, opposes the prayer for transfer

application.

In course of hearing it is proposed by the learned advocate for

the opposite party that the case may be transferred to Alipurduar

even, keeping in view the reasonable apprehension of o.p. of his

life being endangered, but it does not make any sense on the

ground that there are three other criminal cases pending at

Cooch Behar, besides the Mat. Suit, and it will not serve any

practical purpose, if present Matrimonial Suit is transferred from

Barrackpore to Alipurduar.

The only point to be addressed by this Court is whether the

present transfer in the given set of facts is permissible or not.

Admittedly, the marital life of the parties is about 7 years old and

in view of the matrimonial discord, the estranged wife has now

been residing in her father’s house at Cooch Behar, which is

situated about 600 K.m. away from Barrackpore requiring an

overnight journey for the purpose. In consequence of matrimonial

discord, apart from the divorce suit under Section 13 of the

Hindu Marriage Act there has been as many as three criminal

cases instituted at the instance of wife against her husband. All

such three cases, are now at Cooch Behar pending before the

respective Learned Magistrate of Cooch Behar. There is nothing to

establish that the petitioner is having strong source of income
5

requiring no financial assistance from the side of her husband.

When the petitioner is suffering from financial crisis to sustain

herself on this fightful world, and now being at the mercy of her

parents, she cannot be expected to undertake an overnight

journey spending substantial money for the purpose and that too

at the cost of her physical security.

Upon seeing the existence of several cases instituted at Cooch

Behar against the opposite party/husband and considering the

sufferings, harassment, both physically and financially of

petitioner, compared to the case of o.p. as made out, the Court is

of the view that this is an appropriate case to be favoured with an

order of transfer, as proposed.

The transfer application under Section 24 of the C.P.C.

deserves success for the reasons discussed hereinabove.

Learned Additional District Judge, 2nd Court, at Barackpore is

directed to transfer Mat. Suit No.1526 of 2017 to the Court of

Learned District Judge, Cooch Behar within a fortnight from the

date of communication of this order after issuing notice upon

both parties intimating that the case has been transferred to the

transferee court at Cooch Behar fixing the date to be suitably

fixed by transferor Court for appearance before the transferee

Court.

6

Petitioner is directed to make communication of this order to

the learned court below.

With this observation/direction, the revisional application

stands disposed of.

Urgent certified photostat copy of this order, if applied for, be

given to the parties as expeditiously as possible on compliance of

all necessary formalities.

(Subhasis Dasgupta, J.)