Jolly Mahato vs Dharmendra Mahato

Sabyasachi Bhattacharyya, J

The present application under Section 24 of the Code of Civil Procedure has been filed by the petitioner/wife for transfer of a divorce suit filed by the Opposite Party/husband in the Court of the learned District Judge at Jalpaiguri.

Learned counsel for the petitioner/wife argues that the petitioner resides at Mathabhanga, where three criminal cases, respectively under Sections 125 and 127 of the Code of Criminal Procedure as well as Section 498A of the Indian Penal Code, were being contested by the Opposite Party/husband. That apart, it is submitted that the Opposite Party/husband has also preferred a criminal revisional application in connection with the proceeding under Section 127, which is also pending in a Court at Mathabhanga at present.

Thus, it is submitted that the Opposite Party/husband has already been travelling to Mathabhanga to contest other litigations and it would not be an additional burden on the Opposite Party to travel to Mathabhanga if the divorce suit is also transferred there.

On the other hand, it is submitted, the petitioner/wife is financially indigent and also has an ailing and aged mother to look after.

Moreover, in view of the distance between Mathabhanga, where the wife resides, and the District Court at Jalpaiguri, a transfer of the suit is sought to the Court of the Additional District Judge at Mathabhanga, which is also competent to take up matrimonial suits.

Per contra, learned counsel for the Opposite Party/husband submits that the Opposite Party was constrained to file the criminal revisional application at Mathabhanga since the same was a challenge against an order passed by a Court at Mathabhanga under Section 127 of the Criminal Procedure Code.

Even otherwise, it is submitted that the husband is aged and has an ailing mother as well.

Moreover, it is contended that the petitioner/husband is a clerk working at Banarhat and it would be difficult for him to go all the way to Mathabhanga, which is more distant than Jalpaiguri from Banarhat, where the husband is now residing.

Upon hearing learned counsel for the parties, it transpires that the difference between the respective distances between Banarhat and Mathabhanga on the one hand and Banarhat and Jalpaiguri on the other is not considerable.

Rather, it is the Opposite Party/husband who has not only contested all three criminal proceedings before the Mathabhanga Courts but has also taken out a criminal revisional application at a Court in Mathabhanga, which the husband is very much prosecuting now.

That apart, since the petitioner/wife is apparently suffering financial difficulties, for which she was constrained to take out an application under Section 125 of the Code of Criminal Procedure first and thereafter, under Section 127 of the Code, which is now sub judice by way of a criminal revision filed by the husband, it furnishes an additional ground for transferring to the suit to the Court of the Additional District Judge at Mathabhanga instead of retaining the same in the District Court at Jalpaiguri.

The age of the husband, who is working, is also not so much so as to cause inconvenience in travelling to Mathabhanga.

By balancing the conveniences and inconveniences of the parties, the ends of justice demand that the suit be transferred to Mathabhanga.

Accordingly, CO 61 of 2026 is allowed on contest, thereby directing Matrimonial Suit No. 40 of 2023 pending before the Court of the learned District Judge at Jalpaiguri to be transferred to the Court of the learned Additional District and Sessions Judge at Mathabhanga, District - Cooch Behar.

Copies of this order be communicated to both the Court of the learned District Judge at Jalpaiguri as well as the Court of the learned Additional District Judge at Mathabhanga, District - Cooch Behar at the earliest by the department.

The said Courts shall also act on server copies of this order. The concerned department of the District Court at Jalpaiguri shall ensure that the papers of the suit be sent at the earliest to the Court of the learned Additional District and Sessions Judge at Mathabhanga, District - Cooch Behar.

There will be no order as to costs.

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