SOMA GUHA NEE BANERJEE Vs. SUBHRAJIT GUHA

JUDGEMENT

(1.) The petitioner is the wife of the opposite party. The opposite party has filed a matrimonial suit for divorce being Matrimonial Suit No.192 of 2018 before the learned District Judge at Cooch Behar. It is the case of the petitioner that after being driven out from her matrimonial home she has been residing at Bansdroni within the jurisdiction of the learned District Judge, South 24 Parganas at Alipore. The petitioner has further stated in her application under Section 24 of the Code of Civil Procedure that she has no source of income. If she is compelled to attend the Court of the learned District Judge at Cooch Behar to contest the said suit, it will cause tremendous financial hardship to her. Distance between Cooch Behar and Kolkata is more than 600 kilometers on one side. So, she will have to make overnight journey to reach Cooch Behar, stay in a hotel and contest the suit. This will incur not only financial burden upon the petitioner but also physical stress to her. By filing a supplementary affidavit it is further stated by the petitioner that she is hard of hearing and she has been declared 60 per cent disabled due to her impairment.

(2.) The case of the petitioner further is that she has filed an application under Section 125 of the Code of Criminal Procedure which is pending before a competent Court of the learned Magistrate at Alipore. The opposite party has entered appearance in the said proceeding. Therefore, the opposite party will not face any inconvenience to contest the suit at Alipore. So, is the application for transfer of the matrimonial suit.

(3.) Learned advocate for the petitioner has submitted to the tune of the averment made in the application. Learned advocate for the opposite party, on the other hand submits that from the application under Section 24 of the Code of Civil Procedure it is ascertained that the opposite party carries transport business. If the opposite party is compelled to contest the suit at Alipore coming all the way from Cooch Behar, he will also suffer inconvenience so far as his business is concerned.