Chhanda Ruidas vs Ujjal Kumar Das

Bibek Chaudhuri, J

It is found from the postal track report that notice of the instant proceeding was duly served upon the opposite party but he has not turned up to

contest the instant proceeding.

The petitioner has invoked the provisions of Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial No.64 of 2019 pending

before the Court of learned District Judge, Purulia to any other Court of competent jurisdiction at Durgapur in the District of Paschim Burdwan.

It is stated by the petitioner that her marriage was solemnized on 29th January, 2013 with the opposite party. After marriage, the petitioner went to

Purulia to her matrimonial home. In the wedlock between the parties, the petitioner gave birth to a male child on 11th February, 2015. Subsequently on

11th December, 2015 she was driven out from her matrimonial home. Since then she has been residing at her paternal home at Ukhra in the District of

Paschim Burdwan.

It is also stated by the petitioner that she filed a criminal proceeding under Section 12 of the Protection of Women from Domestic Violence Act, read

with other cognate provisions of the statues against the opposite party in the Court of the learned Additional Chief Judicial Magistrate at Durgapur.

She also filed a complaint case being C.R. Case No.152 of 2017 against her husband and other matrimonial relations under Section 498A/406/34 IPC

in the Court of the learned ACJM, Durgapur. In both the said proceedings, the opposite party has entered appearance. Therefore, the opposite party

will not face any inconvenience if the matrimonial suit is transferred to Durgapur. On the other hand, there is no direct convenience from her paternal

home to Purulia. The petitioner will have to come to Andal by train from Ukhra and Andal to Purulia by another train. The petitioner will suffer great

inconvenience with her minor son to contest the said matrimonial suit at Purulia. So is the prayer for transfer.

In spite of service of notice, the opposite party has not appeared in the instant proceeding. I do not find any reason to disbelieve the averment made by

the petitioner on affidavit. In Tejalben Vs. Mihirbhai Bharatbhai Kothari reported in (2016)3 SCC 69 , the Hon’ble Supreme Court was pleased to

observe that when some proceedings between the parties are pending in between particular Court, the matrimonial suit should be transferred to the

said Court so that the parties can contest all the proceedings in one Court.

Relying on the above decision of the Hon’ble Supreme Court, this Court finds that the prayer of the petitioner dissolves favourable consideration.

Accordingly the instant application under Section 24 of the Code of Civil Procedure is allowed, however, without cost.

Matrimonial Suit being No.64 of 2019 be transferred to the Court of the learned Additional District Judge at Durgapur, Paschim Burdwan from the

Court of the learned District Judge at Purulia.

A copy of this 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.