Allowed

Tanusree Chattopadhyay v. Suniti Biswas

Calcutta HC9 Feb 2023CO/3306/2022

Case brief

AI extract

What is this about?

The court allowed an application under Section 24 CPC for transfer of a matrimonial suit from Alipore to Malda court. Considering the petitioner's residence, posting as a teacher in Malda, existing DV proceedings there, and the difficulty in travelling for a female, the suit was ordered transferred. The Alipore court was directed to withdraw and transmit the case within three weeks.

What did the court decide?

The matrimonial suit no. 367 of 2022 pending before the Additional District Judge, Alipore is transferred to the District Judge, Malda.

Tanusree Chattopadhyay Vs Suniti Biswas — Matrimonial and Divorce | Calcutta HC (2023)

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9.2.2023 163 Ct. no. 652 sb

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C.O. 3306 of 2022

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Smt. Tanusree Chattopadhyay Vs. Sri Suniti Biswas

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Mr. Amit Ranjan Pati Mr. Sunayan Ghosh Mr. Ashok Halder …for the petitioner

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Mr. Chandra Sekhar Banerjee Mr. Shamit Dutta …for the opposite party

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This is an application under Section 24 of the Code of Civil Procedure seeking transfer of the Matrimonial suit being no. 367 of 2022 pending before the court of learned Additional District Judge, 1st Court, Alipore, South 24 parganas to the court of learned District Judge, Malda.

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The petitioner contended that the petitioner is the married wife of the opposite party and presently posted as Assistant teacher in one school at Malda. The petitioner, for the purpose of his posting, used to stay at Malda and on every Saturday and Sunday, the opposite party used to go to the house of the petitioner. The petitioner alleged that whenever the petitioner had gone to her matrimonial home, the opposite party and her in laws inflicted inhuman physical and mental torture upon her and also demanded further dowry and pressurised the petitioner to bring the same from her father. The

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petitioner further alleged, when the petitioner expressed her inability to fulfil the said illegal demand, the opposite party and her in laws used to assault her physically. The petitioner further submits that all of a sudden, the opposite party has filed aforesaid suit for restitution of conjugal rights which is now pending in the court of learned Additional District Judge, 1^st Court, Alipore, South 24 parganas. The petitioner further alleged that the court at Alipore situates at a distance of more 500 kilometres from her present place of residence. She further submits that she has initiated one proceeding under Section 12 of the Protection of Women from Domestic Violence Act which is pending before the court of learned Judicial Magistrate, Malda.

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The petitioner further submits that she is facing lot of inconveniences in attending the said proceeding at Alipore court and as such she has sought for aforesaid transfer.

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Learned counsel for the opposite party submits that if the prayer for transfer is allowed, then opposite party will face lot of inconveniences. Opposite party has filed aforsaid suit expressing his desire to restitute the conjugal rights. He further submits the petitioner can very well represent herself through her lawyer and she does not require to come at Alipore court on every occasion. Accordingly, he has prayed for rejection of the aforesaid transfer.

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Having considered the facts and circumstances of the case and the distance involved between the two places and that the petitioner is posted as a teacher in a local school and that the other proceeding initiated by the petitioner is pending before the Malda Court, where the opposite party would be required to attend and that the inconveniences caused to a female in travelling to another place for pursuing her matrimonial suit through public transportation, in the socio economic situation prevailing in country, is much more than the inconvenience that might be caused to the opposite party/husband, the prayer made by the petitioner is allowed.

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Learned District Judge, Alipore, South 24 parganas is hereby directed to withdraw the Matrimonial suit being no. 367 of 2022, pending before the court of learned Additional District Judge, 1st Court, Alipore, South 24 parganas and to transmit the same to the court of learned District Judge, Malda within a period of three weeks from the date of communication of the order.

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The transferee court shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid suit and learned transferee court will continue the proceeding at the stage where it reached till date.

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The department is directed to send a copy of the order to the learned District Judge, Malda and learned District Judge, Alipore, South 24 parganas immediately.

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Accordingly, C.O. 3306 of 2022 is disposed of.

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Opposite party will be at liberty to pray for consolidation of dates for the said two proceedings before the appropriate court below.

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Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Tanusree Chattopadhyay v. Suniti Biswas

Case brief

What is this about?

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Tanusree Chattopadhyay v. Suniti Biswas

Case brief

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