Smt Madhurima Bhattacharyya Vs Sri Agnishwar… — Maintenance and Alimony | Calcutta HC (2024)

Smt Madhurima Bhattacharyya Vs Sri Agnishwar… — Maintenance and Alimony | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Withdrawal of Matrimonial Suit No. 163 of 2023 from the Court of the learned District Judge, 24-Parganas (South) at Alipore and its transfer to the Court of the learned District Judge, Purba Bardhaman (who may retain it or transfer it to a competent Court under his Judgeship); the suit to proceed from the stage already reached; the applicant and the department directed to communicate the order to the opposite party and to both District Judges; allowed without any order as to costs.

Issue for consideration

Whether Matrimonial Suit No. 163 of 2023, pending before the learned District Judge, 24 Parganas (South) at Alipore, should be withdrawn and transferred to the Court of the learned District Judge, Purba Bardhaman, in view of the applicant's residence at Purba Bardhaman, the inconvenience of travelling about 110 km to Alipore, and the pendency there of her Section 125 Cr.P.C maintenance proceeding. +1 more

Court's answer

Considering the applicant's residence at Purba Bardhaman, the pleaded inconvenience of attending the Court at Alipore, and the advantage of bringing all proceedings between the parties to one place, the prayer of the applicant is allowed.

Ratio / Principle

Matrimonial Suit No. 163 of 2023 (Sri Agnishwar Bhattacharyya vs. Smt. Madhurima Bhattacharyya) is withdrawn from the Court of the learned District Judge, 24-Parganas (South) at Alipore and transferred to the Court of the learned District Judge, Purba Bardhaman, who on receipt may either keep it in his own file or transfer it to any Court competent to try and dispose of the suit under his Judgeship.

Key takeaways

After transfer, the suit shall proceed from the stage at which it has already reached.ratio¶20
Since no affidavit-in-opposition was invited, the allegations made in the application are deemed to have been denied by the opposite party.obiter¶17

Detailed headnote1 paragraphs

High Court at Calcutta (Civil Revisional Jurisdiction), C.O. 1066 of 2023, decided 07.08.2024 (Biswajit Basu, J.). Unopposed application under Section 24 of the Code of Civil Procedure by the wife (Smt. Madhurima Bhattacharyya) seeking withdrawal of her husband's (Sri Agnishwar Bhattacharyya) divorce suit, Matrimonial Suit No. 163 of 2023, pending before the learned District Judge, 24-Parganas (South) at Alipore, and its transfer to the learned District Judge, Purba Bardhaman, on the grounds of her residence at Purba Bardhaman, the inconvenience of travelling about 110 km to Alipore, and the pendency there of her Section 125 Cr.P.C maintenance proceeding contested by the husband. Prayer allowed: suit withdrawn and transferred; the transferee District Judge may retain it in his own file or send it to any competent Court under his Judgeship; the suit to proceed from the stage already reached; absent an invited affidavit-in-opposition, the allegations are deemed denied; allowed without any order as to costs.

07.08.2024 (D/L-39) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 1066 of 2023

Smt. Madhurima Bhattacharyya

-Vs-

Sri Agnishwar Bhattacharyya

Mr. Uttyya Ray,

Mr. Anrab Mandal,

… For the Petitioner.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

This is an application under Section 24 of the Code of Civil Procedure, none appears to oppose the application in spite of service.

The opposite party is the husband of the applicant, he has filed a suit for dissolution of the marriage between the parties by a decree of divorce being Matrimonial Suit No. 163 of 2023 which is pending before the Court of learned District Judge, 24 Parganas (South) at Alipore.

The applicant is praying withdrawal of the said suit from the said Court and transfer of it to the Court of learned District Judge, Purba Bardhaman, inter alia on the grounds that she is residing in Purba Bardhaman, as such, it would be inconvenient for her to travel a distance of about 110 km to Alipore to contest the said Matrimonial Suit, besides, a proceeding for maintenance under Section 125 Cr.P.C filed by the applicant is pending before the competent criminal Court at Purba Bardhaman, which the opposite party is contesting.

The inconvenience pleaded by the applicant in attending the said Court at Alipore cannot be ruled out, that apart, all the proceedings between the parties should be brought to one place to save the unnecessary expenses and time of the parties;

2

considering all these aspects, the prayer of the applicant is allowed.

However, since no affidavit-in-opposition has been invited, the allegations made in the application are deemed to have been denied by the opposite party.

Let the Matrimonial Suit No. 163 of 2023 ( Sri Agnishwar

Bhattacharyya vs. Smt. Madhurima Bhattacharyya ) be withdrawn from the Court of learned District Judge, 24-Parganas (South) at Alipore and be transferred to the Court of learned District Judge, Purba Bardhaman , who on receipt of the said suit, may either keep the same in his own file or may transfer it to any Court competent to try and dispose of the said suit under his Judgeship.

The said suit, after transfer, shall proceed from the stage at which it has already reached.

The applicant is directed to communicate this order to the opposite party.

The department is directed to communicate this order immediately to the Court of learned District Judge, 24Parganas (South) at Alipore as well as to the Court of learned District Judge, Purba Bardhaman .

C.O. 1066 of 2023 is allowed with the above terms without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

( Biswajit Basu, J. )