In The High Court At Calcutta
Civil Revisional Jurisdiction
CO 1857 of 2017
Smt. Sunita Das
Mr. Hiranmoy Bhattacharyya
Mr. Saunak Bhattacharyya
… for the petitioner.
This is an application under Section 24 of the Code
of Civil Procedure, 1908 at the instance of the
defendant/wife for transfer of the matrimonial suit filed by
the opposite party/husband and pending before the Court
of the learned Additional District Judge, 1st Court at
Serampore, District- Hooghly to the Court of the learned
District Judge at Bankura.
The grounds urged in this application are that the
petitioner has no independent source of income, nor was
she receiving any maintenance from the opposite party.
Accordingly, she filed an application under Section 125 of
the Cr.PC, 1973 before the Court of the learned Chief
Judicial Magistrate at Bankura, against the opposite party
which has since been transferred to the Court of the
learned Judicial Magistrate, 5th Court at Bankura.
In spite of an order being passed by the learned
Judicial Magistrate, 5th Court at Bankura directing the
opposite party to pay Rs. 10,000/- per month to the
petitioner as interim maintenance, later has challenged
the same before the learned District Judge, Bankura in
revisional jurisdiction and the opposite party is not paying
any maintenance to the petitioner. The petitioner has also
initiated a criminal proceeding against the opposite party
under Section 498A/34 IPC and Sections 3 and 4 of the
Dowry Prohibition Act before the learned Chief Judicial
Magistrate, Sadar Court, Bankura. The opposite party is
also contesting the said proceeding. In view of the
pendency of the criminal proceeding against the opposite
party before the learned Courts at Bankura on the
strength of the decision of the Supreme Court in the case
of Tejalben v. Mihirbhai Bharatbhai Kothari, reported in
(2016) 3 SCC 69, it is contended on behalf of the
petitioner that it is a fit case for transfer of the
matrimonial suit filed by the opposite party to the learned
Court at Bankura as prayed for in this revisional
application. It is further contended by the petitioner that
in any event, she is facing great hardship to contest the
subsequent matrimonial suit motivatedly filed by the
opposite party/husband before the learned Additional
District Judge , 1st Court at Serampore, District-Hooghly
by travelling the long distance between her present
residence at Bankura and Serampore.
Considering the aforementioned grounds urged by
the petitioner, I find that the petitioner has made out a
prima facie case for interim protection.
Accordingly, there shall be an interim order
directing stay of all further proceedings in Matrimonial
Suit No. 242 of 2017 ( Soumyodip Das v. Smt. Sunita Das)
till the disposal of this application.
The petitioner is directed to serve a copy of the
application, together with a copy of this order on the
opposite party by Speed Post with A/D. The petitioner
shall file an affidavit-of-service on the next date of hearing.
Let, this application appear as a “Contested
Application under Section 24 CPC” in the monthly list of
August 20, 2017.
Certified website copies of the order, if applied for,
be urgently made available to the parties on usual
(Ashis Kumar Chakraborty, J)