December 12, 2019.
C. O. No. 700 of 2019
Srimati Piyali Chakraborty (Roy)
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
Since notice was served upon the opposite party, the instant matter is taken up for hearing
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
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.
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.)