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Judgments of Supreme Court of India and High Courts

Smt. Susmita Saha vs Sri Sudipto Saha on 9 January, 2018

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(349)
09.01.2018

(p.j.)

IN THE HIGH COURT AT CALCUTTA
CIVIL RIVISIONAL JURISDICTION
APPELLATE SIDE

C.O. No. 1803 of 2017

Smt. Susmita Saha

-versus-

Sri Sudipto Saha

Mr. Saumak Bera
… for the petitioner

By this application under Section 24 of the Code of Civil Procedure a petitioner wife has

prayed for transfer of the Matrimonial Suit No. 206 of 2016 pending in the Court of learned

Additional District Judge, 3rd Court, Barasat to the Court of learned District Judge at Paschim

Medinipur, inter alia, on the grounds that on being subjected to severe mental and physical torture

by the husband opposite party and her in-laws, she was ultimately driven out from her matrimonial

home on 9.4.2016 and the opposite party refused to take her back at her matrimonial home even

after several attempts made by her parents and relatives to negotiate the matter.

The petitioner filed an application under Section 125 of Cr.P.C. for maintenance being MR

Case No. 154 of 2016 pending in the Court of learned CJM, Paschim Medinipur and a complaint

under Section 498A/342/323/406/506 read with Section 34 of the Indian Penal Code which has

been initiated against the opposite party and his parents. The said case was instituted on the basis
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of an FIR No. 28/16 dated 4.5.2016 drawn at Kharagpur Police Station which was registered on an

application under Section 156(3) of Cr.P.C. forwarded by the learned Magistrate and the said

criminal case is pending in the Court of learned CJM in the district of Paschim Medinipur. In those

two cases the opposite party has been regularly appearing before the learned CJM, Paschim

Medinipur, but to harass the petitioner the opposite party has filed an instant matrimonial suit

before the learned Additional District Judge, 3rd Court at Barasat. By way of objection on affidavit

the opposite party husband has taken the stand that the allegation made in the complaint under

Section 498A of IPC is false and that the same is required to be transferred to the Court of Barasat

which is got the jurisdiction as the material evidence is to be found there if there is any allegation

and cruelty and torture. Such objection and the contention made by the opposite party is not

cognizable in the eye of law because the offence punishable under Section 498A of IPC is a

continuing offence and a case under Section 498A can very well be maintained in the place of

present residence of the petitioner wife. The matrimonial suit for Restitution of Conjugal Rights

under Section 9 of Hindu Marriage Act appears to have been filed after thought in order to take

defence.

Be that as it may, the petitioner has to commute from Kharagpur to attend the Court at

Barasat to conduct the case in matrimonial proceeding which is situated at a considerable distance

and for that considering since the opposite party has to attend the Court at Paschim Medinipur in

connection with those criminal case, it would be desired that the application under Section 24 of

C.P. Code be allowed.

Let the Matrimonial Suit No. 206 of 2016 pending in the Court of learned Additional

District Judge, 3rd Court, Barasat be withdrawn and transferred to the Court of the learned District

Judge at Paschim Medinipur.

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A copy of this order be sent to the respective Courts for information and doing the needful.

Accordingly, the revisional application being CO 1803 of 2017 is disposed of, however,

without any order as to costs.

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

subject to compliance with all requisite formalities.

(Shivakant Prasad, J.)

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