Ramyani Mukherjee vs Arnab Mukherjee

Bibek Chaudhuri, J

1.This is an application under Section 24 of the Code of Civil Procedure (hereafter 'CPC' for short) filed by the wife/petitioner praying for transfer of Matrimonial suit No.59 of 2019 filed by the opposite party praying for dissolution of marriage by a decree of divorce from the Fast Track Court of the learned Additional District Judge, Kalyani at Nadia to a court of competent jurisdiction at Siliguri.

The application under Section 24 of the CPC discloses the fact that marriage of the parties was solemnised on 27th January, 2012 at Kolkata according to Hindu Rights and Customs. After marriage the petitioner went to her matrimonial home. However after few days of marriage she was subjected to mental torture by her husband and other matrimonial relations. The opposite party is an employee of National Thermal Power Corporation (NTPC). At the time of marriage, he used to stay at Lucknow. The petitioner stayed with her husband up to 2015 at Lucknow. Subsequently, the opposite party was transferred to Hazaribagh. The petitioner stayed with her husband at Hazaribagh till November, 2017. During her stay with her husband, she was regularly abused and tortured. Finally, she was driven away from the rented house of her husband on 9th December, 2018. Finding no other alternative, she took shelter at her paternal home at Siliguri. She has been spending her days as a destitute lady fully dependent upon her old ailing parents. The petitioner has no source of income. Except her old parents and a younger sister who is a student, there is no other person at her matrimonial home. Therefore, it would be not only inconvenient, but also impossible to contest the said matrimonial suit at Kalyani travelling all the way from Siliguri. It is also pleaded by the petitioner that Siliguri is situated at a distance of about 650 km. from Kalyani. There is no other person except her old ailing father to accompany the petitioner to Kolkata. Moreover, the petitioner apprehends that she may be harassed at Kalyani in the hands of the friends and relatives of the opposite party. It is also stated by the petitioner that she is suffering from overian cyst. The doctor has advised her for surgery. In such condition of her health, the petitioner will face practical inconvenience to contest the said matrimonial suit at Kalyani. Her husband/opposite party, on the other hand, is presently posted at Ranchi, Jharkhand and working as Manager, Human Resource, NTPC. Accordingly the petitioner has prayed for transfer of the said matrimonial suit to a Court of learned Additional District Judge, Siliguri for trial and disposal.

The opposite party has not filed any affidavit-in-opposition against the application under Section 24 of the CPC. Therefore, factual averment made out by the petitioner on solemn affirmation has not been controverted by the opposite party.

At the time of hearing, learned Advocate for the opposite party submits that the opposite party is now posted in Ranchi, Jharkhand. He will also suffer inconvenience to proceed with the matrimonial suit at Siliguri if the said suit is at all transferred from Kalyani to Siliguri. It is proposed by the learned Advocate for the opposite party that the matrimonial suit may be transferred to a Court of competent jurisdiction in Kolkata. In that case both the petitioner and the opposite party will not face any inconvenience. The opposite party also undertakes to bear travelling expenses of the petitioner from Siliguri to Kolkata if the said matrimonial suit is transferred to a Court of competent jurisdiction in Kolkata from Kalyani.

I have already recorded that factual averment made by the petitioner was not controverted by the opposite party by filing any affidavit-in-opposition. Distance between Siliguri and Kolkata is stated to be approximately 650 km. The petitioner has no financial capacity of her own to travel Kalyani from Siliguri. The opposite party on the other hand, has proposed that the said matrimonial suit may be transferred to any Court in Kolkata. In such case, it would be convenient for both the parties to contest the suit. If the proposal made on behalf of the opposite party is accepted, the petitioner would be compelled to travel more distance from Siliguri. Undisputedly, the petitioner has no source of income. Besides her old father, there is no other male member at her paternal home who may accompany her either to Kalyani or Kolkata. On the contrary, there is direct communication from Ranchi to New Jalpaiguri by rail. The opposite party will have to travel almost equal distance either to reach Kolkata or Siliguri from Ranchi.

In Rajni Kishore Pardeshi vs. Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 the wife petitioner prayed for transfer of matrimonial suit from Panvel, Mumbai to Satna (MP) on the ground of her financial hardship. The husband contended that it was equally inconvenient for him to go to Satna and he was willing to bear petitioner's travelling expenses. The Hon'ble Supreme Court considering the case of both the parties held that in a proceeding under Section 24/25 of the CPC convenient for the wife is to be preferred over that of the husband.

The factual circumstance and the principle led down in Rajni Kishore Pardeshi (supra) is squarely applicable in the facts and circumstances of the present case. When under the facts and circumstances of this case, it is found that the opposite party has no problem to travel either Kalyani or Kolkata to conduct the matrimonial suit, it can be safely held that he will not face any inconvenience if the suit is transferred to Siliguri because Kolkata and Siliguri are situated almost in equal distance from Ranchi.

As in this type of matter the convenience of the wife is to be preferred over the convenience of the husband, the instant application under Section 24 of the CPC is allowed on contest.

Matrimonial Suit No.59 of 2019 pending before the Fast Track Court of the learned Additional District Judge, Kollani at Nadia be transferred to the Court of 1st Court, Additional District Judge, Siliguri in the District of Darjeeling for trial and disposal.

The department is directed to sent a copy of this order to the learned Additional District Judge, Fast Track Court at Kollani and the learned Additional District Judge, 1st Court at Siliguri for information and compliance of the order.

The learned District Judges Nadia and Darjeeling be also informed accordingly.

Urgent certified website copies of this judgment, if applied for, be supplied to the parties subject to compliance with all requisite formalities.