Pinki Chowdhury vs Lab Chowdhury

This is an application under Section 24 of the Code of Civil Procedure seeking transfer of matrimonial suit, being Mat. Suit No. 02 of 2018 from the

Court of the learned Additional District Judge, Lalbagh, Murshidabad to any other suitable Court to make it convenient to the wife to attend the Court

where the matrimonial suit is pending. In the application the petitioner has expressed her difficulty on three counts. Firstly, the distance between Court

of the learned Additional District Judge, Lalbagh, Murshidabad where the matrimonial suit has been filed is about 175 kilometres from her present

place of residence. Therefore, she has to travel 175 kilometres in a single journey;

Secondly, the wife petitioner has got a minor child of two years and financial hardship which she is suffering now, is also an additional ground to travel

such a long journey; and Thirdly, it has been submitted by the petitioner wife that a proceeding under Section 125 of the Criminal Procedure Code has

been initiated by her which is presently pending before the learned Judicial Magistrate, Barrackpore. Undisputedly, the said maintenance proceeding is

being contested by the husband/opposite party. Therefore, this is also a sound ground to entertain the application under Section 24 of the Code of Civil

Procedure.

It has been decided by this Court in the case of Smt. Pampa Banerjee Vs. Mridul Banerjee, reported in 2017 (1) WBLR Cal. 330 that the

convenience of wife should get paramount importance with regard to the transfer of the proceeding under Section 24 of the Code of Civil Procedure.

Mr. S.T. Mina, learned Counsel for the opposite party fairly submits that distance cannot be the only criteria for transfer of a proceeding, however,

convenience of the husband may also sometimes be required to be considered by the Court. He, however, submitted that the matter could have been

transferred to the learned Court at Kalyani.

But on consideration of the fact that Kalyani is on different route and it would neither be convenient for the wife nor for the husband to attend the said

Court, such suggestion cannot be accepted. On perusal of the averments made in the petition and the materials disclosed before this Court, it is

apparent that the petitioner is entitled to get an order of transfer. Accordingly, the matrimonial proceeding pending in the Court of the learned

Additional District Judge, Lalbagh, Murshidabad is withdrawn and the same is transferred to the Court of learned District Judge, Barrackpore.

The learned District Judge, Barrackpore is requested to place the matrimonial suit before any competent additional Court at an early date and the

learned transferee Additional Court is also directed to issue notice of suit to the parties.

However, it is submitted by Mr. Mina that since the husband has to travel long way to contest the matrimonial suit, ultimately, the learned Court may

be directed to dispose of the matrimonial suit at an early date. Considering such prayer, leave is granted to the husband/opposite party to make an

application before the transferee Court for expeditious hearing. In the event, such application is made the learned Court is requested to consider the

same with utmost sympathy. With the aforesaid direction the application under Section 24 of the Code of Civil Procedure is allowed. Urgent photostat

certified copy of this order, if applied for, be given to the petitioner, on priority basis.