Barnali Paul (Das) vs Sourish Kumar Paul

Bibek Chaudhuri, J

The wife/petitioner has taken out the instant application under Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial Suit

No.2489 of 2019 pending before the learned 15th Additional District Judge, South 24 Parganas at Alipore to the Court of the learned Additional

District Judge at Chandannagore, Hooghly on the averment that marriage between the petitioner and the opposite party was solemnized on 27th

January, 2008. In the said wedlock the petitioner gave birth to a male child on 10th January, 2011. Sometime in 2015 the petitioner was driven out from

her matrimonial home. She compelled to take shelter at her paternal home with her minor child. The petitioner has already filed a proceeding under

Section 12 read with other cognate provisions under the Protection of Women from Domestic Violence Act, which was registered as Misc. Case

No.132 of 2015 at Chandannagore. The said proceeding is pending before the learned Judicial Magistrate, 3rd Court at Chandannagore. The petitioner

also filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance. In the said two proceedings, the opposite party

entered appearance and contested. The Trial Courts passed orders in both the proceedings by virtue of which the petitioner is getting maintenance at

the rate of Rs.10,000/- per month. The opposite party has filed a criminal revision against the order passed in the proceeding under Section 125 of the

Code of Criminal Procedure before the learned Additional Sessions Judge at Chandannagore. Therefore, except the matrimonial suit, all other legal

proceedings are pending between the parties at Chandannagore. For convenience shake, the instant proceeding ought to be transferred to

Chandannagore.

It is also contended by the petitioner that the parents of the petitioner are senior citizens. Therefore, it is not possible for the petitioner alone leaving

her minor child to travel to Alipore to contest the said matrimonial suit. So is the prayer for transfer of the said suit from Alipore to Chandannagore. It

is submitted by the learned Advocate for the opposite party, on the other hand, that the opposite party is an employee of a Public Sector Company. His

office is situated at Strand Road, Kolkata. The opposite party resides at Behala. He has filed the matrimonial suit to a Court having jurisdiction to try

the suit. The distance between Chandannagore and Alipore is not far of which will cause inconvenience to the petitioner to travel. So the learned

Advocate has opposed the prayer for transfer of the said suit. Having heard submissions made by the learned Advocates for both the petitioners and

the opposite party and on perusal of the application and other materials on record annexed with the applications, I find that except the matrimonial suit,

all other legal proceedings are pending between the parties at Chandannagore.

In the case of Tejalben Vs. Mihirbhai Bharatbhai Kothari reported in (2016)3 SCC 69, the Hon’ble Supreme Court was pleased to observe that it

is desirable for both the parties that all the proceedings between the parties should be tried and disposed of by the same Court and considering the

convenience of both the parties, the matrimonial suit was transferred from the Court of institution to the Court where other proceedings between the

parties are pending.

Relying on the aforesaid decision, I am of the view that the principle laid down in the said decision is squarely applicable under the facts and

circumstances of the present case. Therefore, the instant application under Section 24 of the Code of Civil Procedure is allowed on contest, however,

without costs.

Matrimonial Suit No.2489 of 2019 pending before the learned 15th Additional District Judge at Alipore, South 24 Parganas be transferred to the Court

of learned Additional District Judge at Chandannagore, Hooghly.

Let this copy of the order be sent to both the courts below through the department.

Urgent photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.