NUPUR AGARWAL Vs. AMIT AGARWAL

JUDGEMENT

(1.) -This revisional application is by the wife/defendant in Matrimonial Suit No. 244/98. The said suit is presently pending before the Court of Additional District Judge, 3rd Court, Barasat and in fact the examination in chief of the husband/plaintiff has been completed. This revisional application arises out of an order dated 24th March, 2000 passed by the said Additional District Judge rejecting the petition of the wife/defendant under section 24 of the Code of Civil Procedure for transfer of the said Matrimonial Suit to any other Court of the Additional District Judge of 24-Parganas, (South) at Barasat.

(2.) The case made out by the wife/defendant in the said petition under section 24 of the Code of Civil Procedure is that the learned Court in course of recording evidence of the husband/plaintiff made comments that the wife should file an application under section 13B of the Hindu Marriage Act as otherwise the decree for divorce is inevitable in the suit, and that the learned Court did not grant adjournment of the hearing of the suit even when the learned advocate for the wife/defendant disclosed to the Court that one of his other matters was called on by the other Court and also refused to grant an adjournment of the hearing of the suit on 22nd March, 2000 even when such adjournment was prayed for on the ground that the wife/defendant was required to leave Calcutta on the said date for appearing in the M.B.A. Examination and would not be available in station till 6.4.2000. Further in support of the application under section 24 of the Code of Civil Procedure it was alleged that the learned Judge marked certain documents as exhibits which should not have been marked as such and even the application for expunction of the said documents from the records was rejected. Accordingly, it was contended that the wife/defendant has the reasonable apprehension of not getting a fair trial and justice from the Court.

(3.) It may be mentioned in this connection that in relation to alimony pendent lite and litigation costs in favour of the wife/defendant the matter came up before this Court in the revisional jurisdiction. This Court apart from modifying the alimony pendent lite and litigation cost upon agreement between the parties, disposed of the revisional application with the direction upon the learned Judge to dispose of the suit as expeditiously as possible since it was otherwise ready and in no case beyond April 30, 2000. The suit was thereafter taken up for peremptory hearing on 21.3.2000, when all the troubles started.