Case brief
What is this about?
C.O. 2872 of 2024, decided 16.06.2025 (single Judge, Dinesh Kumar Sharma, J.) — wife's transfer petition allowed: matrimonial suit under Section 27, Special Marriage Act 1954 moved from Family Court, Tamluk (Purba Medinipur) to the Additional District Judge, Alipore; grounds: wife resides at Bansdroni within Alipore jurisdiction; Section 125 Cr.P.C. maintenance petition and Section 12 read with Section 23(2) Domestic Violence Act petition already pending at Alipore; husband's counter-suggestion of Howrah as equidistant rejected; governing test: whether wife can contest without harassment, transfer refused if mala fide or perverse. Keywords: transfer of matrimonial proceedings, Special Marriage Act S.27, S.125 CrPC, Domestic Violence Act S.12/S.23(2), Alipore, Tamluk, Howrah, concurrent proceedings, convenience of wife.
What did the court decide?
Transfer of Matrimonial Suit No. 248 of 2024 from the Family Court, Tamluk, Purba Medinipur to the Court of the learned Additional District Judge, Alipore for disposal in accordance with law; transferor Court directed to send the entire records to the transferee Court.