Tapasi Singha Dutta v. Shantimoy Dutta

1.9.2022 Ct. no. 652 sb C.O. 1906 of 2022 Smt. Tapasi Singha Dutta Vs.

Shantimoy Dutta Ms. Subhasree Patel Ms. Saini Das Mr. Sk. Imtiaz Alam ...for the petitioner Mr. Saptarshi Dutt ...for the opposite party Affidavit of service so filed by the learned advocate for the petitioner, be kept with the record.

This application under Section 24 of the Code of Civil Procedure for transferring the matrimonial suit no. 184 of 2021 pending before the Court of the Learned Additional District Judge, Fast Track Court-II, Bongaon, North 24 Parganas to the learned Additional District Judge, Ranaghat.

The petitioner contended that on 27.11.2005 social marriage of the petitioner with the opposite party was solemnised according to the Hindu Rites and rituals and subsequently the said marriage was registered before the Marriage Registrar. After marriage both the parties started to reside at Ranaghat and the marriage was duly consummated. They were also blessed with female child who was born on 9.6.2007. In view of the certain dispute arose in their matrimonial life, opposite party was

compelled to leave her matrimonial flat on the day of Durga Puja in the year 2020. Since then she is residing separately. It is not possible for the petitioner to make a journey of 64 kilometers to attend the court at Bangaon every date of the case and as such she has prayed for transferring the said case from the court of Learned Additional District Judge, Fast Track Court-II, Bongaon, North 24 Parganas to the learned Additional District Judge, Ranaghat.

Learned advocate for the opposite party submits that the petitioner is travelling every now and then at different places in India and she is a working lady having sufficient income and she is owning a car and that is why it would cause no inconvenience to her if the case is tried in the court of Learned Additional District Judge, Fast Track Court-II, Bongaon, North 24 Parganas. Having considered the fact and circumstances of the case and also the averments made in the petition, that the petitioner is a school teacher by profession at Ranaghat P.C. girls school and opposite party herein is also a school teacher employed in Ranaghat P.C. boys High School, I find that justice demand for the convenience of both the parties, that the matrimonial suit no. 184 of 2021 be transferred from the court of Learned Additional District Judge, Fast Track Court-II, Bongaon, North 24 Parganas to the learned Additional

District Judge, Ranaghat, which is close to work place of both the parties.

In view of the above, Learned District Judge, North 24 Parganas is hereby directed to withdraw the matrimonial suit no. 184 of 2021 from the court of Learned Additional District Judge, Fast Track Court-II, Bongaon, North 24 Parganas and to transfer the same in the court of learned Additional District Judge, Ranaghat within a period of two weeks from the date of communication of this order.

Let a copy of this order be send to the Learned District Judge, North 24 Parganas and learned District Judge, Nadia. The transferee court is hereby requested to make every endeavour for expeditious disposal of the case preferably within a period of one year from the date of receipt of the case record.

Accordingly, C.O. 1906 of 2022 is disposed of. Since no affidavit-in-opposition is filed by the opposite party, the averments made in the petition is deemed to be no accepted.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Ajoy Kumar Mukherjee, J.)