Rupa Samanta (Das) vs Sanjoy Das

Bibek Chaudhuri, J

Following a marital discord the wife/petitioner of the instant proceeding under Section 24 of the Code of Civil Procedure has been residing at her

paternal home situated in a remote village of Amta Sub-Division in the district of Howrah. The opposite party/husband has filed the Matrimonial Suit

No.31 of 2017 in the Court of the learned Additional District Judge, Uttar Dinajpur at Islampur for dissolution of marriage by a decree of divorce. A

Co-ordinate Bench of this Court directed the parties to settle the dispute amicably by process of mediation. Both the parties appeared before the

Hon’ble Mediator but the mediation failed. Since then the opposite party has stopped appearing before this Court to contest the instant proceeding.

The petitioner has prayed for transfer of the Matrimonial Suit No.31 of 2017 from Islampur to the Court of the learned Additional District Judge, Amta

mainly on the ground of distance and financial hardship. It is stated by the petitioner that the distance between Amta and Islampur is about 547

kilometre in one way. The petitioner has no source of income. She is fully dependent upon her elder brother. The father of the petitioner died long 18

years back. It is not possible for her to contest the said suit at Islampur.

I have perused the application. I have also heard the learned advocate for the petitioner. The opposite party has not turned up to controvert the

averment made by the petitioner on oath. It is not disputed that the distance between Amta and Islampur is about 547 kilometres in one way. So, the

petitioner will have to travel a distance of 1100 kilometres in both ways if she is compelled to contest the suit at Islampur.

In Rajani Kishore Pardeshi vs. Kishore Babulal Pardeshi reported in 2005 (12) SCC 237 it is observed by the Hon’ble Supreme Court that in a

proceeding under Section 24 of the Code of Civil Procedure arising out of a matrimonial suit, convenience of the wife should be treated as the prime

consideration. In the instant case the petitioner having no source of income and fully dependent upon the elder brother cannot be compelled to contest

the suit covering a distance of about 547 kilometres in one way. It will seriously cause inconvenience to her.

In view of what has been stated above, I am inclined to allow the instant application under Section 24 of the Code of Civil Procedure. As a result,

Matrimonial Suit No.31 of 2017, now pending before the learned Additional District Judge, Islampur, Uttar Dinajpur be transferred to the Court of the

learned Additional District Judge at Amta in the district of Howrah.

Office is directed to send copy of this order to both the Courts for information and compliance forthwith.

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