KABERI BHATTACHARJEE GOSWAMI Vs. CHANDAN BHATTACHARJEE

JUDGEMENT

(1.) Matrimonial Suit No. 438 of 2018 was filed by the opposite party against the petitioner praying for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before the learned District Judge, Burdwan. The said suit was transferred to the Court of the learned Additional District Judge, 4th Court, Burdwan and is pending. The respondent of the said suit as petitioner has filed the instant application under Section 24 of the Code of Civil Procedure praying for transferring the said suit to the Court of the learned District Judge, Hooghly at Chinsurah on the ground that since 2017 the petitioner has been living with her minor child at her paternal home after being driven out from her matrimonial home. It is also stated that the petitioner is aged about 15 years on the date of filing of the application and she is a student of class - XI. The prayer for transfer of the suit was filed mainly on the ground that the petitioner has no source of income. She is maintaining herself and her minor child with parental help. It is not possible for her to bear the travelling expenses from Hooghly to Burdwan to contest the matrimonial suit. It is further contended that the petitioner filed an application under Section 125 of the Code of Criminal Procedure and the said application was disposed of by the learned Judicial Magistrate, 4th Court, Hooghly at Chinsurah directing the opposite party to pay maintenance for herself and her minor child. The learned Magistrate passed an interim order of maintenance directing payment of a sum of Rs.3,000/- per month to the petitioner and Rs.4,000/- to their minor child, total being Rs.7,000/-. However, the opposite party failed and neglected to pay any amount towards maintenance of the petitioner and her minor child. The instant matter came up for hearing on 27th February, 2020 when this Court directed the learned Advocate for the opposite party to take instruction as to whether the opposite party has been paying any sum towards maintenance of the petitioner and her minor child but today the learned Advocate for the opposite party frankly submits that in execution proceeding arising out of the proceeding under Section 125 of the Criminal Procedure Code all household articles of the opposite party has been seized by the police. The opposite party earns Rs.36,000/- per annum and it is not possible for her to pay Rs.7,000/- per month for maintenance of her wife and minor child.

(2.) Thus, it is clear that the petitioner has no source of income. She is deprived of getting any maintenance from her husband. Therefore, the statement made by the petitioner that due to financial hardship she is not in a position to contest the suit at Burdwan appears to be believable and hence accepted.

(3.) For the reasons stated above, Matrimonial Suit No. 438 of 2018 pending before the learned Additional District Judge, 4th Court at Burdwan be transferred to the Court of the learned District Judge, Hooghly at Chinsurah for trial and disposal.