Keya Das Vs Suman Barman — Matrimonial and Divorce | Calcutta HC (2024)

Keya Das Vs Suman Barman — Matrimonial and Divorce | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Revisional application allowed; Matrimonial Suit No. 19 of 2023 transferred to the Court of the learned District Judge, Berhampore, District – Murshidabad. The learned Additional District Judge, Baruipur was directed to communicate the records to the transferee court, with the learned District Judge, Alipore requested to supervise the transmission of records.

Issue for consideration

Whether, under Section 24 of the Code of Civil Procedure, Matrimonial Suit No. 19 of 2023 pending before the Court of the learned Additional District Judge, Baruipur (South 24-Parganas) ought to be transferred to the Court of the learned District Judge, Berhampore (Murshidabad), having regard to the petitioner-wife's place of residence and the difficulty of travelling 215 kilometres.

Court's answer

The Court held that, considering the facts delineated in the revisional application and the petitioner's submissions, Matrimonial Suit No. 19 of 2023 should be transferred from the Court of the learned Additional District Judge, Baruipur (South 24-Parganas) to the Court of the learned District Judge, Berhampore (Murshidabad).

Ratio / Principle

Basis of the transfer: the wife/petitioner resides under Police Station Beharampore, District Murshidabad, and being the only child of her parents she cannot attend the Baruipur court alone after travelling 215 kilometres, with no one except her parents able to accompany her.

Detailed headnote1 paragraphs

Transfer of suit — Section 24, Code of Civil Procedure — wife-petitioner residing under Police Station Beharampore, District Murshidabad; husband's suit for dissolution of marriage under Section 27, Special Marriage Act, 1954 pending before learned Additional District Judge, Baruipur, South 24-Parganas — petitioner, only child of her parents, unable to attend the Baruipur court alone after travelling 215 kilometres and dependent on her parents to accompany her — held, case to be transferred to the Court of the learned District Judge, Berhampore, Murshidabad; Additional District Judge, Baruipur directed to communicate records, transmission to be supervised by District Judge, Alipore; opposite party unrepresented despite service.

09 19.08.2024 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE

CO 1213 of 2024 (Assigned)

Smt. Keya Das Vs. Suman Barman

Ms. Manali Biswas

Mr. Mrinal Saha

… For the petitioner

Affidavit of service filed in Court today is taken on record.

In spite of service, none appears on behalf of the opposite party.

Learned counsel appearing on behalf of petitioner appears and submits that the instant revisional application has been filed under Section 24 of the Code of Civil Procedure with a prayer for transferring the Matrimonial Suit No.19 of 2023 pending before the Court of the learned Additional District Judge, Baruipur, District – South 24Parganas to the Court of the learned District Judge, Berhampore, District – Murshidabad.

I have heard the learned counsel appearing on behalf of the petitioner who has drawn my attention to the application, particularly, paragraph 8 as well as the copy of the Matrimonial Suit No.19 of 2023, which was filed by the

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husband of the petitioner for dissolution of marriage under Section 27 of the Special Marriage Act, 1954.

From the cause title of the petition in Matrimonial Suit No.19 of 2023, it appears that the wife/petitioner herein resides under Police Station – Beharampore, District – Murshidabad. It is averred in paragraph 8 of the revisional application that the petitioner, being the only child of her parents, is not in a position to attend alone to the Court of the learned Additional District Judge, Baruipur, District – South 24-Parganas after travelling of 215 kilometers. It is further stated that there is no one, except her parents, to accompany the petitioner to the Court at Baruipur.

Considering the facts and circumstances delineated in the revisional application as well as the submission advanced on behalf of the petitioner, I am of the opinion that the case should be transferred from the Court of the learned Additional District Judge, Baruipur, District – South 24-Parganas to the Court of the learned District Judge, Berhampore, District – Murshidabad.

Accordingly, the revisional application stands allowed.

Learned Additional District Judge, Baruipur, District – South 24-Parganas is directed to communicate the records of the Matrimonial Suit No.19 of 2023 to the

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Court of the learned District Judge, Berhampore, District – Murshidabad, for disposal.

Learned District Judge, Alipore, South 24-Parganas, is requested to supervise the transmission of the records in connection with Matrimonial Suit No.19 of 2023.

10 With the aforesaid observation, CO 1213 of 2024 stands disposed of accordingly.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)