Smt. Usha Devi v. Shri Nishit Sarkar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/6/2023 Smt Usha Devi

Versus

Shri Nishit Sarkar Mr. Lokesh Chezian .... for the petitioner March 15, 2023 [SR] Item No.3 This is a dispute between husband and the wife. The wife alleged that she was driven out of her in-laws house and came back to Port Blair where her elder sister lives. Thereafter the petitioner has filed two cases; one under section 125 of the Code of Criminal Procedure and other is under section 9 of the Hindu Marriage Act.

In this petition, the petitioner prays for transfer of a case which has been filed against her by her husband, as has been described in paragraph 18 of the said application. Therefore, I direct that the case being Mat. Suit No.1 of 2023 as has been given in prayer 'A' of the application should be transferred from the Court of the Additional District Judge, North and Middle Andaman at Mayabunder to the learned Court of Judge, Family Court at Port Blair within a period of 45 days from the date of communication of this order by the Registry to the above mentioned Court. It is extremely difficult for a lady to attend Court at

Mayabunder from Port Blair which is at a long distance. Case record has to be sent by the transferee Court to the transferred court immediately, on communication. With this direction, this application under Section 24 of the Code of Civil Procedure is allowed.

( Abhijit Gangopadhyay, J. )