PAMELA CHATTOPADHYAY Vs. ARNAB CHATTOPADHYAY

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure filed by the wife/petitioner against her husband/opposite party praying for transfer of Matrimonial Suit No.1251 of 2018 from the Court of the learned District Judge, Howrah to the Court of the learned District Judge, Asalsol, Paschim Burdwan for trial and disposal.

(2.) It is stated by the petitioner in the instant application that her marriage was solemnized with the opposite party on 10th March, 2010. In the said wedlock she gave birth to a male child on 21st June, 2011. Subsequently, she was physically tortured and mentally humiliated at her maternal home and she was compelled to leave her maternal home with her minor child and took shelter at her parental home. At the relevant point of time, when she departed her matrimonial home her father used to stay in Suri in the district of Birbhum. She lodged a complaint against her husband and other maternal relations under Section 498A and other cogent penal provisions before the learned Chief Judicial Magistrate, Suri. However, the opposite party and other maternal relations were acquitted from the case as the petitioner could not lead evidence because her father was transferred and settled at Asansol. For a brief period of time she stayed with her father within the jurisdiction of Alipore at South 24-Parganas. She filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance of herself and her minor child against her husband. The said proceeding was disposed of directing the opposite party to pay maintenance at the rate of Rs.7000/- for the petitioner and Rs.5000/- for their minor child, total being Rs.12000/-. The opposite party is absolutely irregular in making payment of such amount. In the mean time, the petitioner was suffering from physical problem in her thyroid gland. A surgery was undertaken and right thyroid nodule was operated. On examination of right thyroid nodule, it was detected that the petitioner is suffering from Carcinoma. She is entirely dependent upon her father for her maintenance, medical treatment as well as medical medical treatment and maintenance of her minor child. So the petitioner has prayed for transfer of the Matrimonial Suit from Howrah to Asansol.

(3.) The application is hotly contested by the husband/opposite party by filing affidavit-in-opposition and supplementary affidavit. In the affidavit-inopposition the opposite party has denied all allegations made out by the petitioner. it was subsequently stated that the petitioner is in the habit of filing false case against the opposite party and his family members in different courts. She filed the case under Section 498A I.P.C., in Suri. Against she filed the application under Section 125 of the Cr.P.C. at Alipore. Since the petitioner was not present and she has no fixed address, the opposite party could not send the maintenance allowance directly to the petitioner. Even in the present address at Asansol, the learned Advocate for the opposite party sent a letter and it was returned with the postal remark that the petitioner is absent. The opposite party vehemently denies the allegation of non-payment of maintenance allowance and stated that he deposited the maintenance allowance to the learned advocate for the petitioner in the Trial Court.