Sandip Chakraborty v. Rama Das

D/L 3 17.02.2025 Saikat Ct. No.28 CRR 3803 of 2024 In Re: An application under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Sandip Chakraborty Vs.

Rama Das Mr. Debnandan Bhattacharyya, adv.

...For the Petitioner

1. Petitioner is the husband of the opposite party. He prays for transfer of proceeding under section 125 of Cr.P.C. instituted by the destitute wife in the court of learned Judicial Magistrate, 1st Court, Barrackpore, North 24 Parganas. The only ground pleaded in the petition is that the petitioner is a resident of Birbhum district and has to travel 200 kilometres to participate in the proceeding. A maintenance proceeding is to provide immediate succours to an aggrieved wife. She is entitled to institute the proceeding at a place which is most convenient for her. Mere plea that the husband resides in a different district is no ground to transfer the proceeding to a far off place and thereby cause inconvenience to the aggrieved wife.

2. Accordingly, this criminal revisional application is dismissed.

(Joymalya Bagchi, J.)