SANCHAYITA DEB (GUHA) Vs. SUSANTA DEB

JUDGEMENT

(1.) Both the applications under Section 24 of the Code of Civil Procedure filed by the petitioner being the legally married wife of the opposite party were heard analogously and the applications are disposed of with the following order.

(2.) C.O 3964 of 2018 was filed by the wife/petitioner praying for transfer of Matrimonial Suit No.34 of 2018 pending before the learned District Judge at Jalpaiguri to the Court of the learned District Judge, Durgapur.

(3.) It is stated in the application that marriage of the petitioner was solemnized with the opposite party under Special Marriage Act on 14th February, 2004. In the said wedlock between the petitioner and opposite party, she gave birth to a male child on 11th June, 2006 who is now aged about 13 years. The said son of the parties is a student of Bidhan School, Durgapur in the District of Paschim Burdwan. After marriage the petitioner was subjected to physical and mental torture by the opposite party on the standard of dowry given to the petitioner at the time of their marriage from her paternal home. During the subsistence of marriage with the petitioner, it is alleged that the opposite party has performed a second marriage on 17th July, 2012. However the petitioner could not take any legal step against the opposite party/husband as he is a Assistant Sub-Inspector of Police and his elder brother is an influential political leader of the locality. That on 1st February, 2017, the petitioner, her husband and their minor child attended a marriage ceremony at Durgapur.