Rajlakshmi De vs Gurudas Sarkar

In pursuance of earlier direction passed on April 30, 2018, the petitioner has attempted to serve a copy of the revisional application upon the opposite

party. Affidavit of service filed by the petitioner in Court today be taken on record. Track report annexed to the Affidavit of Service shows that on

May 10, 2018 item delivery was attempted, but could not be done so because of insufficiency of address. However, intimation was served. Despite

such intimation from the postal authorities, no one appears today on behalf of the opposite party, when the matter is taken up. This is an application

under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial Suit No.28 of 2017 presently pending in the Court of learned

Additional District Judge at Raghunathpur in the District of Purulia.

In this application, the petitioner has stated that she was married to the opposite party and such marriage was solemnized on September 22, 2015 and

was registered on the same day before the Marriage Officer according to Section 13 of the Special Marriage Act, 1954. The marriage was

solemnized at the parental home of the petitioner at Khanapar under Goaltore Police Station in the District of Paschim Medinipur. Knowing the

physical and mental torture of the husband, the petitioner was compelled to leave the matrimonial home and under compulsion, she has been residing

with her parents at Goaltore in the District of Paschim Medinipur.

It is stated in the petition that a written complaint was filed by the petitioner against the opposite party for settling the dispute through counseling under

alternative dispute resolution process before the learned District Legal Services Authority, Paschim Medinipur and, thus, a Pre-litigation Case being

No. 01/July/16 was registered. The opposite party appeared before the learned District Legal Services Authority on April 18, 2 2017 and the

Secretary, District Legal Services Authority, Paschim Medinipur dropped the case with sufficient caution to the opposite party.

All of a sudden to the utter surprise of the petitioner, she received summons of a suit for divorce filed by the husband under Section 27 of the Special

Marriage Act, 1954 which is registered as Matrimonial Suit No.28 of 2017 currently pending in the Court of the learned Additional District Judge at

Raghunathpur, District Purulia. In the petition, the petitioner has mentioned unhesitatingly that apart from physical and mental torture, the husband

attempted to murder the petitioner and as a result whereof, the petitioner has, in fact, taken shelter at her parental home.

It has been stated in the petition that residing at Goaltore, it is an extreme difficulty for the wife to attend the Court at Raghunathpur which is at a

distance of 300 kms. from her present place of residence. Furthermore, there is no one to accompany her to attend the matrimonial proceeding in the

Court of Raghunathpur in the District of Purulia. She has got a bedridden father of 62 years old and poor mother suffering from various old age

ailments. She has also financial stringency to bear the cost of traveling from her place of residence to Raghunathpur.

Therefore, the petitioner has prayed for transfer of the matrimonial suit to a convenient place nearer to her present residence. Law has been settled

that convenience of the wife is the paramount consideration in the case of transfer of the case under Section 24 of the Code of Civil Procedure. Ratio

decided in the case of Smt. Pampa Banerjee vs. Shri Mridul Banerjee reported in 2017(1) WBLR (Cal) 330, is an ideal example to be followed in this

case.

Having heard the learned Counsel appearing for the petitioner, the averments made in the petition and the material disclosed thereat, I am convinced

that the petitioner has made out a case for transfer of the matrimonial suit. Accordingly, the matrimonial suit being No.28 of 2017 pending in the Court

of the learned Additional District Judge at Raghunathpur in the District Purulia is withdrawn and be placed before the learned Additional District

Judge at Paschim Medinipur. After such transfer, the learned Additional District Judge, Paschim Medinipur shall issue notice to the parties before

placing for trial. Petitioner is also granted leave to correct the cause title. With the above observations, this application being C.O. 66 of 2018 is

disposed of.