Item No. 6 In The High Court At Calcutta
Civil Revisional Jurisdiction
CO 1195 of 2019
Smt. Soma Gozi (Banerjee)
Sri Prithwish Gozi
Mr. Gouranga Kumar Das,Adv.
… for the petitioner.
Mr. Ankit Agarwala,Adv.
Ms. Alotriya Mukherjee, Adv.
… for the opposite party.
The petitioner has prayed for transfer of Matrimonial Suit No. 92 of 2019
from the Court of the learned Additional District Judge, Serampore in the district
of Hooghly to the Court of the learned Additional District Judge, Baruipur within
the district of South 24-Parganas.
The reasons for transfer of the said suit are as follows:-
(a) The petitioner has been residing at her matrimonial home at
Narendrapur and the distance between Narendrapur and Serampore
is approximately 130 k.m. The petitioner will face inconvenience if
she is compelled to travel such distance to contest the said suit.
(b) The petitioner has a female child aged about three years. It is not
possible for the petitioner to leave her child to attend the Serampore
(c) The petitioner instituted two proceedings, one being a criminal case
under Section 498A/Section406/Section313 IPC which is now pending before the
learned Additional Chief Judicial Magistrate, Baruipur. Another case
under the Protection of Women from SectionDomestic Violence Act, 2005
filed by the petitioner is also pending in the Court of the learned
Judicial Magistrate at Baruipur.
At the time of hearing, Mr. Ankit Agarwala, learned counsel for the opposite
party submits that the marriage between the parties was solemnized on March
10, 2010 according to Hindu Rites and Ceremonies. In the said wedlock, the
petitioner gave birth to a female child on January 1, 2016. The petitioner
allegedly has driven out from her matrimonial home on June 19, 2015.
Matrimonial suit as well as criminal proceeding were filed by the parties in 2019.
During the period between 2015 and 2019 till the institution of the suit/cases,
the parties tried to reconcile their dispute amicably.
It is also submitted by the learned counsel for the opposite party that
fathers of both the petitioner and the opposite party are reputed doctors and they
held their high posts in Medical Education Services in the department of Health
and Family Welfare, Government of West Bengal.
It is further submitted by the learned counsel for the opposite party that if
the parties are directed to appear before the Mediation Centre, High Court at
Calcutta, there may be a chance of reconciliation.
Mr. Gouranga Kumar Das, learned counsel for the petitioner has made two
alternative proposals. First process of reconciliation between the parties may also
be undertaken by the learned Additional District Judge, Baruipur after the
matrimonial suit being transferred. Secondly, if the petitioner is required to
attend the Serampore Court, the opposite party may be directed to bear the cost
of transportation as well as other incidental costs to be incurred by the
Since the learned counsels for both the parties have urged that step for
reconciliation should be taken to save the marital tie between the parties, I am of
the view that the instant matter should be placed before the Mediation Centre,
High Court at Calcutta keeping the instant revision pending before this Court.
The parties are directed to approach the Mediation Centre, High Court at
Calcutta for reconciliation of their dispute through the Secretary, Mediation
Centre, High Court at Calcutta within a fortnight.
The matter will be listed for hearing after completion of the process of
mediation. The parties are at liberty to mention the matter as soon as the process
of mediation is over and also for any other direction, if necessary to facilitate the
process of reconciliation between the parties.
In the meantime, there shall be stay of all further proceeding in
Matrimonial Suit No. 92 of 2019 presently pending before the learned Additional
Chief Judicial Magistrate, Serampore in the district of Hooghly till the completion
of reconciliation process to be undertaken by the Mediation Centre, High Court at
Urgent photostat certified copy of this order, if applied for, be made
available to the parties upon compliance of the requisite formalities.
sh ( Bibek Chaudhuri, J.)