Smt Manu Mishra Nee Tiwari v. Sri Mantu Tiwari

03.04.2024 Ct. No. 19 Sl. No. 721 Cp C.O. 1013 of 2023 Smt. Manu Mishra nee Tiwari Vs.

Sri Mantu Tiwari Mr. Amitabha Ghosh Ms. Nabanita Chatterjee Ms. Arpita Dhar ....for the petitioner.

Mr. Apurba Kumar Datta Ms. Sreemoyee Mukherjee ...for the opposite party.

The wife seeks transfer of Matrimonial Suit No. 643 of 2022 which is pending before the learned Additional District Judge, 1st Court at Paschim Bardhaman, Asansol to any court of competent jurisdiction at Alipore. Learned advocate for the husband submits that justice would be subserved if the suit is transferred to a place convenient for both the parties.

Considering the rival contentions of the respective parties, this court is of the view that for the ends of justice the suit should be transferred to a court which can be easily reached by both parties. The husband resides at Raniganj and access to Howrah is convenient. There are several trains. The petitioner/wife resides at Park Street and travel to Howrah would not be inconvenient at all. It would be a matter of 15 to 20 minutes.

Under such circumstances, this court directs the learned District Judge, Paschim Bardhaman, Asansol to send the records of the Matrimonial Suit No. 643 of 2022, to the court of the learned District Judge, Howrah. The learned District Judge, Howrah may either hear out the matrimonial suit himself, upon receipt of the records or assign the same to any competent court.

Upon receipt of the records, notices will be sent to the respective parties by the learned transferee court and the suit shall proceed in accordance with law, expeditiously.

The application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)