Manisha Singha vs Sajal Kumar Singha

Bibek Chaudhuri, J

Affidavit of service filed on behalf of the petitioner be kept with the record.

It transpires that in spite of service of notice of the instant proceeding, the opposite party prefers not to appear to contest the instant proceeding.

Therefore, this revisional application under Section 24 of the Code of Civil Procedure is taken up for hearing ex parte.

The case of the petitioner in brief is that her marriage with the opposite party was solemnized according to Hindu rites and customs. After the marriage she led her matrimonial life with the opposite party and in their wedlock she gave birth to a male child who is now aged about six years. It is further alleged that the petitioner was subjected to physical and mental torture when she was pregnant and finally was driven out from her matrimonial home. Since then she took shelter at her paternal home at Bankura. Her child is now aged about six years and is a student of Bankura Public School. She came to know after receiving summons that the opposite party /husband filed a suit for dissolution of marriage by a decree of divorce before the learned District Judge, Purba Burdwan which was subsequently transferred to the 1st Court of the learned Additional District Judge, Purba Burdwan and registered as Matrimonial Suit No.27 of 2018 and renumbered as MAT Suit No.413 of 2018.

The petitioner has come up with this application for transfer of the said Matrimonial Suit No.413 of 2018 from the 1st Court of the learned Additional District Judge, Purba Burdwan to any Court of competent jurisdiction at Bankura on the ground that Purba Burdwan Court is situated at a distance of about 114 kilometers from Bankura. Secondly, it is not conveniently possible for her to contest the said suit at Purba Burdwan Court leaving her minor child at Bankura. Thirdly, she instituted a criminal case under Section 498A of the Indian Penal Code and other penal provisions against her husband at Bankura Court in which the opposite party had already appeared. The petitioner also filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance against her husband at Bankura. The said proceeding was disposed of ex parte. Since the opposite party has refused and neglected to pay maintenance allowance to the petitioner, an execution case is pending against the opposite party.

Considering all such circumstances, the said Matrimonial Suit bearing No.413 of 2018 may be transferred to Bankura Court.

I have heard the learned counsel appearing on behalf of the petitioner.

The petitioner has been residing at Bankura. Her minor child is a student of Bankura Public School. From the submission made by the learned counsel for the petitioner it is ascertained that she is not getting any maintenance allowance from her husband even after an order being passed by a competent Court allowing maintenance for the petitioner and her minor child. It is stated by the petitioner that Purba Burdwan is situated at a distance of about 114 kilometers from Bankura. It is needless to say that convenience of the wife is a prime consideration while disposing of an application under Section 24 of the Code of Civil Procedure arising out of a matrimonial suit. The following decisions of the Hon'ble Supreme Court may be relied upon in this regard.

(i) (2005) 12 SCC 237 (Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi.

(ii) (2004) 13 SCC 683 (Usha Choudhary vs. Dilip Choudhary)

(iii) (2005) 12 SCC 395 (Archana Singh vs. Surendra Bahadur Singh)

(iv) 2016 Volume 4 CHN (Cal) 80 (Pampa Banerjee vs. Mridul Banerjee)

For the reasons stated above the transfer petition is allowed ex parte without cost. MAT Suit No.413 of 2018 pending before the First Court of the learned Additional District Judge, Purba Burdwan be transferred to the Court of the learned District Judge, Bankura for trial and disposal.

Office is directed to send copy of this order to both the learned Additional District Judge, First Court, Purba Burdwan and the learned District Judge, Bankura for information and compliance of this order forthwith.

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