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Sufiya Sultana vs Ataul Rahaman on 18 June, 2018

1

S/L 25
18.06.2018
Ct. No. 6

SD
C.O. 92 of 2018
Sufiya Sultana
Vs.

Ataul Rahaman

Mr. Kajal Ray
… for the Petitioner.

Mr. Suman Banerjee
… for the Opposite Party.

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

transfer of Matrimonial Suit No.9 of 2017 pending before the Court of learned Civil Judge

(Junior Division), 1st Court at Asansol to any other competent Court at Bishnupur.

The petitioner has stated in the petition that she has been residing presently at her

parental home at Naldanga, P.O. Role, P.S. Patrasayer, in the District of Bankura. It has

been stated that two proceedings, one arose from an application under Section 125 of the

Code of Criminal Procedure and the other one arising from an application under Section

498A of the Indian Penal Code and Sections 3 4 of the Dowry Prohibition Act are

pending in the Court of Bishnupur.

An averment has also been made in this petition that yet another proceeding

arising out of Section 354D(1)(ii)/509 of the Indian Penal Code is pending before learned

Additional Chief Judicial Magistrate, Bishnupur. The petitioner presently resides at

Bankura and the matrimonial suit filed by the husband is now pending in the Court of

learned Civil Judge (Junior Division), 1st Court at Asansol.

In paragraph 9 of the petition, the petitioner has stated that almost it will take 5

hours to reach Asansol Court, if the petitioner is to attend the matrimonial proceeding

pending in that Court. It has been already decided by this Court in the case of Smt.

Pampa Banerjee vs. Sri Mridul Banerjee reported in 2017 (1) WBLR (Cal) 330 that the

convenience of the wife will be the paramount consideration to consider the prayer for

transfer under Section 24 of the Code of Civil Procedure.
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Therefore, looking at the submission made by the learned Advocate and the

averments made in this petition, it will be just and proper to pass an order of transfer of

matrimonial suit from the Court of Asansol to the Court at Bishnupur.

Accordingly, the matrimonial suit being Matrimonial Suit No.9 of 2017 be

withdrawn from the Court of learned Civil Judge (Junior Division), 1st Court, at Asansol

and be placed before the learned District Judge, Bankura who in turn shall assign the

same before any competent Court to hear it out.

The learned transferee Court is directed to issue notice to the parties afresh and

thereafter to proceed with the suit.

With these observations, C.O.92 of 2018 is disposed of.

(Sahidullah Munshi, J.)

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