Arpita Ray (Bhattacharya) v. Swarup Bhattacharya
24.6 C.O. 2279 of 2021 Arpita Ray (Bhattacharya) -VersusSwarup Bhattacharya Ct.
No.
akb Mr. Soumik Ganguly Ms. Ankita Pradhan Mr. Sayan Roy ...For the Petitioner This is an application under Section 24 of the Code of Civil Procedure seeking transfer of a matrimonial suit from the Court of the learned Additional District Judge, Kalna, District - Purba Bardhaman to the Court of the learned District Judge, Hooghly at Chinsurah. It is stated by the petitioner, Arpita Ray (Bhattacharya) that her marriage with the opposite party, Swarup Bhattacharya was solemnized on April 28, 2019 according to Hindu rites and customs. The marriage between them was registered under the Special Marriage Act, 1954. The marriage between them was duly consummated. It is alleged by the petitioner that soon after her marriage, the opposite party subjected her to cruelty by various ways. Unable to bear the torture meted out to her, the petitioner left her matrimonial home and took shelter at her parental home.
The petitioner states that on the allegation of torture inflicted upon her, she lodged an FIR at Tarakeswar Police Station and the FIR was registered as Tarakeswar Police Station Case No. 288 of 2021 dated October 14, 2021 under Sections 498A/406/34 of the Indian Penal Code. The criminal case is now pending before the Court of a learned Judicial Magistrate at Chinsurah.
After receiving summons from a Court, the petitioner came to know that the opposite party filed a
Matrimonial suit, being No. 363 of 2021 against her in the Court of the learned Additional District Judge at Kalna, District - Purba Bardhaman seeking dissolution of their marriage between them.
The petitioner states that the distance between her parental home at Village - Tullyan, Post Office & Police Station - Tarakeswar, District - Hooghly and the Court at Kalna is about 150 kms. There is no direct bus or train service from Tullyan to Kalna. Hence the prayer. Learned Lawyer for the petitioner submits that petitioner will face immense inconvenience, if she has to travel such a long distance to attend the matrimonial proceeding before the Court at Kalna. Under such circumstance, learned Lawyer prays for transfer of the matrimonial suit.
In the absence of the opposite party, it will be deemed that the facts and circumstance as stated in the application remain uncontroverted. What I find, a criminal case launched by the petitioner under Sections 498A/406/34 of the Indian Penal Code is pending in a Court of learned Judicial Magistrate at Chinsurah, Hooghly.
As the facts narrated in the application project, I feel that the petitioner will face immense difficulties to reach the Court at Kalna, travelling circuitous long distance from her parental home.
Having heard the learned Counsel appearing for the petitioner and considering the facts and circumstances as stated in the application I feel that it will be wise if the aforesaid matrimonial suit is withdrawn from Kalna Court
and transferred to the Court of the learned District Judge, Hooghly.
In view of the above, the revisional application is allowed.
Let the Matrimonial Suit, being No. 363 of 2021 be withdrawn from the Court of the learned Additional District Judge, Kalna, District - Purba Bardhaman and the suit be transferred to the Court of the learned District Judge, Hooghly at Chinsurah for disposal.
Learned District Judge, Hooghly at Chinsurah may dispose of the suit either himself/herself or transfer the suit to any of the Courts of learned Additional District Judge at the station.
The learned Additional District Judge, Kalna, District - Purba Bardhaman, is directed to transmit the case record of the matrimonial suit to the transferee court immediately after receipt of a copy of the order. With the aforesaid direction, C.O. 2279 of 2021 stands disposed of.
There will, however, be no order as to costs. Let a copy of this order be communicated to both the Courts below for information and compliance. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis upon compliance of all formalities.
( Rabindranath Samanta, J.)