Monalisa Das v. Puspendura Singh

19.11.2020.

b.d/d.p.

C.O. 1332 of 2020 (Via Video Conference) Monalisa Das -vsPushpendra Singh Mr. Arnab Das, Mr. Sagar Chakraborty, Ms. Paromita Purkait.

...For the Petitioner.

The petitioner is a wife of her estranged husband and is pursuing proceedings in Matrimonial Suit filed by the opposite party/husband before the learned District Judge at Bankura.

Learned counsel appearing for the petitioner submits that the petitioner-wife is presently posted at Food Corporation of India, regional office at Kolkata and is residing with her father. The petitioner would be inconvenienced to a great extent in pursing the proceedings at Bankura Court where she would have to travel when the matter is fixed for hearing. Counsel submits that by an order dated 29th November, 2018, Matrimonial Suit of 2018 was withdrawn by the opposite party in contemplation of the said suit being transferred to the Alipore Court. Counsel also places an order passed by a learned Judge of this Court in C.O. No. 1001 of 2018 on 27th June, 2018 by which the learned Judge was pleased to stay all further proceedings in the Matrimonial Suit of 2018 pending before the learned District Judge, Bankura on the ground that there cannot be any difficulty for the husband to pursue the Matrimonial Suit, if the said suit is transferred to Kolkata.

On considering the submissions made on behalf of the petitioner, this Court is of the view that since the petitioner is presently posted at Kolkata, it would not be practical for her to travel to Bankura to defend the proceedings. On the other hand, the order dated 27th June, 2018 of the learned Judge of this Court clearly records that the opposite party is attending the Alipore Court for attending to the proceedings which have already been filed in the said Court.

By reason of the aforesaid, there does not appear to be any impediment in transferring the Matrimonial Suit from the District Court at Bankura to the District Court at Alipore.

In view of the above, C.O. 1332 of 2020 is disposed of with a direction for transfer of the Matrimonial Suit No. 152 of 2020 (Pushpendra Singh - vs- Monalisa Das) pending the Court of the learned District Judge at Bankura to the learned District Judge at Alipore, 24-Parganas (South).

The petitioner is to serve a copy of this order to the opposite party within 24 hours.

( Moushumi Bhattacharya, J.)