Ct. No. 6
C.O. 92 of 2018
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.
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withdrawn from the Court of learned Civil Judge (Junior Division), 1st Court, at Asansol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.)