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Srimati Piyali Chakraborty (Roy) vs Sri Debashish Chakraborty on 12 December, 2019

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S/L. 19.

December 12, 2019.

MNS.

C. O. No. 700 of 2019

Srimati Piyali Chakraborty (Roy)
Vs.

Sri Debashish Chakraborty

Ms. Sarmistha Ghosh Sharma,
Ms. Vaswati Chakraborty

… for the petitioner.

In spite of service of notice, the opposite party has not appeared in the instant proceeding

to contest.

Since notice was served upon the opposite party, the instant matter is taken up for hearing

ex parte.

This is an application under Section 24 of the Code of Civil Procedure filed by the

wife/petitioner praying for transfer of a Matrimonial Suit No. 16 of 2019 pending in the court of the

learned District Judge, Hooghly at Chinsurah to the court of the learned Additional District Judge,

Sealdah, on the ground stating, inter alia, that marriage between the petitioner and the opposite

party was held under SectionSpecial Marriage Act and after marriage, the petitioner stayed with the

opposite party as his wife. In the said wedlock she gave birth to a child, who is now aged about

five years. However, the petitioner was deserted subsequently by her husband and finding no

other alternative she has been residing with her child at her paternal home situated at 4A,

Kalimuddin Lane, Police Station- Maniktala.

It is further stated by the petitioner that the petitioner and her paternal family members went

to her matrimonial home on January 13, 2019 to settle the dispute between the parties, but on that
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date the petitioner and her paternal relations were manhandled and assaulted by the opposite

party and his family members. The petitioner apprehends that she may be assaulted if she is

compelled to contest the suit at Chinsurah in the District of Hooghly. Furthermore, it is stated by

the petitioner that on the basis of a complaint lodged by her in Maniktala Police Station, a case

under Section 498A/Section406/Section34 of the Indian Penal Code was registered against the opposite party

and his family members. The said case is pending before the learned Additional Chief Judicial

Magistrate, Sealdah. She also filed another application praying for maintenance under Section

125 of the Code of Criminal Procedure against the opposite party at Sealdah. Therefore, the

opposite party will have to go to Sealdah court premises to contest those cases.

Thus, the opposite party will not suffer any inconvenience if the suit is transferred from

Chinsurah to Sealdah.

I have duly considered the averment made in the application under Section 24 of the Code

of Civil Procedure filed by the petitioner. I have also heard learned advocate for the petitioner.

It is not disputed that the petitioner has been residing at Maniktala along with her child aged

about five years. She is single mother looking after the child. The opposite party will not face

inconvenience to conduct the suit at Sealdah coming from Chinsurah because the conveyance

between Chinsurah and Kolkata is not only frequent but also very developed.

For the reasons stated above, I am inclined to allow the instant application.

Accordingly, Matrimonial Suit No. 16 of 2019 presently pending before the learned District

Judge, Hooghly, be transferred to the court of the learned Additional District Judge at Sealdah.

Let a copy of this order be sent through the department to the learned District Judge,

Hooghly and the learned Additional District Judge at Sealdah for compliance.
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Urgent photostat certified copies of this order, if applied for, be made available to the

parties upon compliance with the requisite formalities.

(Bibek Chaudhuri, J.)

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