← Library
Calcutta High CourtCO/1828/2023disposed

Purabi Chowdhury v. Amitava Chowdhury

2023-10-04Hon'Ble Justice Shampa Sarkar2 pages

04.10.2023 Court No. 19 Item no.107 CP C.O. No. 1828 of 2023 Purabi Chowdhury Vs.

Amitava Chowdhury Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Mr. Rajashree Tah .......for the petitioner.

This court does not find any reason to pass an order of transfer of the Matrimonial Suit No. 10 of 2016.

It appears that the petitioner has to travel from Durgapur to Bardhaman. Durgapur is within the district of Paschim Bardhaman. Only because the petitioner is residing 87 kms. away from the court and a proceeding under the Domestic Violence Act is pending in Durgapur, the same cannot be sufficient ground for transfer.

The distance which the petitioner has to travel is negotiable. The petitioner does not have children and this it is not a case where she would have to leave behind a minor child in order to attend court.

However, if it appears at a later stage that the amount awarded to the petitioner in the proceeding under the Domestic Violence Act is not being paid and the petitioner is in financial distress, the

petitioner can renew her prayer of transfer by filing an application, in accordance with law.

The revisional 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.)