ARCHAN SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 407 of the Code of Criminal Procedure, the husband/petitioner has moved this Court for transfer of a maintenance proceeding under Section 125 of the Code of Criminal Procedure, now pending before the Learned Judicial Magistrate, 2nd Court, Alipore, 24-Parganas (South) being Misc. Case No. 206 of 2009 to any Court of the Judicial Magistrate at Howrah.

(2.) Heard the Learned Counsel appearing on behalf of the parties. Considered their rival submissions as well as the pleadings in the application for transfer.

(3.) It is an admitted position as many as three cases pending between the parties and all arising out of matrimonial disputes have been transferred by this Honble High Court to Howrah Sadar Court from different districts where those cases were instituted and pending. This Honble Court in C.R.R. No. 4202 of 2008 transferred Misc. Case No. 38 of 2008 under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 from the Court of the Learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly to the Court of the Learned Chief Judicial Magistrate, Howrah. Similarly, in C.R.R. No. 977 of 2009 this Honble High Court transferred the G.R. Case No. 83 of 2008 under Sections 498A/406 of the Indian Penal Code from the Court of the Additional Chief Judicial Magistrate, Chandannagar to the Court of the Learned Chief Judicial Magistrate, Howrah. In connection with C.O. No. 3197 of 2008 this Honble High Court in exercise of power under Section 24 of the Code of Civil Procedure transferred the Matrimonial Suit No. 800 of 2007 pending between the parties from the Court of the Learned District Judge, 24-Parganas (South) to the Court of the Learned District Judge, Howrah. The copies of all the aforesaid orders are already on records.