Debanjana Ghosh (Dey) vs Sumanta Kumar Ghosh

This is an application under Section 24 of the Code of Civil Procedure at the instance of the wife seeking transfer of Matrimonial Suit No. 46 of 2017

from the Court of the Ld. District Judge, Hooghly. Precisely the petitioner’s case as made out in the application is that she has been residing at

her parental home at Belghoria within the jurisdiction of Barrackpore. She has a child aged about four years who is presently studying at Nursery at

Butter Butter Flies School at 6/2, M.M. Feeder Road, Belghoria, Kolkata â€" 700007.

The petitioner has been residing at her parental home at the address mentioned in the cause title of this petition. She has no other member to

accompany her to attend the matrimonial proceeding pending in the Court of the learned District Judge, Hooghly. She has expressed her anguish about

travelling such a long distance from the Court of Hooghly to her residence. Accordingly, she has pleaded that if the matrimonial suit is transferred to a

court nearer to her present place of residence it will be convenient to attend the court on regular basis.

Mr. Arijit Ghosh, learned advocate appearing for the husband has vehemently opposed the prayer for transfer. He submits that there are lot of facts

not brought on record and if brought on record the same may change the scenario and in that case petition/application may not be allowed. However,

learned advocate has been heard at length. The grounds agitated by Mr. Ghosh are not substantial grounds to stand in the way of passing an order of

transfer under Section 24 of the Code of Civil Procedure.

Therefore, this Court is not inclined to allow Mr. Ghosh to file affidavit-in-opposition in support of the husband because if such affidavit is allowed the

proceeding will be unnecessarily dragged and ultimately husband will suffer because the proceeding for divorce will get delayed. Having heard the ld.

Counsel for the parties and on consideration of the materials on record it appears that sufficient grounds have been made out by the petitioner in

support of her prayer for transfer of the matrimonial suit from the court of District Judge, Hooghly, particularly in view of the fact that she has a child

of four years age and that the distance which she has to travel is difficult to cope up with.

It has already been decided by this Court in the case of Pampa Banerjee & Anr. reported in 2017 Vol â€" 1 WBLR 330 that convenience of the wife

is the paramount consideration to grant an order of transfer under Section 24 of the Code of Civil Procedure. Those apart the averments in the petition

also discloses that at least the husband had the occasion to contest the proceeding under Section 125 of the Code of the Criminal Procedure which

was filed before the Magistrate Court at Barrackpore.

On perusal of the petition and on consideration of the submission of the learned advocate I have no doubt in my mind that this is a fit case where an

order of transfer can be made. Accordingly, the Matrimonial Suit being No. 46of 2017 is withdrawn from the Court of the District Judge, Hooghly and

transferred to the Court of the learned Additional District Judge, Barrackpore at North 24-Parganas. The learned Additional District Judge,

Barrackpore, North 24Parganas is directed to issue notice to the parties afresh.This application is disposed of. Urgent xerox certified copy of this

order, if applied for, be given to the parties on priority basis