Papri Bose vs Ashis Kumar Bose

Affidavit of Service and Vakalatnama filed by the petitioner in Court today be taken on record. 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.2126 of 2017 pending before the Court of learned Additional

District Judge, 7th Court at Barasat to the learned District Judge at Sealdah.

The petitioner has made an averment that under compelling circumstances, she has been residing at 15/A, Bhupen Bose Avenue, Shyambazar, P.S.

Shyampukur, Kolkata700004 at her parental home and it is very difficult for her to attend Matrimonial Suit No.2126 of 2017 currently pending before

the learned Additional District Judge, 7th Court at Barasat which was filed by the husband seeking divorce.

It has been stated in the petition that the petitioner filed an application under Section 125 of the Code of Criminal Procedure against the

husband/opposite party and the same was registered as Misc. Case No.35 of 2006 before the learned Family Court at Calcutta and by a judgment and

order dated September 24, 2009, the same was disposed of with a direction to the opposite party to make payment of a sum of Rs.3,000/- per month to

the petitioner as maintenance. It is alleged that no payment is being made by the husband.

 Therefore, the petitioner has filed a misc. execution case being No.8 of 2018 for implementation of the order passed in the aforesaid Misc. Case

No.35 of 2006. Petitioner submits that since the said case is pending in the learned Family Court at Calcutta which is being contested by the husband,

it cannot be difficult for him to attend 2 the proceeding initiated by him under Section 21 of the Special Marriage Act, 1954 praying for divorce against

the wife/petitioner, if the same is transferred to Calcutta from Barasat.

However, learned Advocate appearing for the husband/opposite party fairly submits that in view of the pendency of the aforesaid misc. case before

the Family Court at Calcutta, he cannot seriously oppose the prayer for transfer of the matrimonial suit from Barasat to Calcutta.

As decided by this Court in Smt. Pampa Banerjee vs. Sri Mridul Banerjee reported 2017 (1) WBLR (Cal) 330, convenience of the wife is a

paramount consideration in a proceeding under Section 24 of the Code of Civil Procedure and in this proceeding, it appears that it would not be

inconvenient to husband to attend proceeding at Calcutta, if the same is transferred. At the same time, wife will have great convenience, if the

matrimonial suit is transferred to any Court at Calcutta.

Considering the statements made on behalf of the parties, this Court directs that the Matrimonial Suit No.2126 of 2017 be withdrawn from the Court

of the learned Additional District Judge, 7th Court, Barasat and the same be transferred to the Court of learned Additional District Judge at Sealdah.

However, on the prayer of the learned Counsel for the husband/opposite party, the learned Transferee Court is requested to dispose of the

matrimonial suit as expeditiously as possible. The learned transferee Court is also directed to issue notice to the parties afresh and thereafter to

proceed with the suit. With these observations, C.O.937 of 2018 is disposed of.