DEBASISH SARKAR Vs. BASANA MONDAL SARKAR

JUDGEMENT

(1.) The husband/petitioner has filed the instant application under Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial Suit No.166 of 2019 instituted by the opposite party/wife in the Court of the learned District Judge, Uttar Dinajpur to the Court of the learned District Judge, Jalpaiguri.

(2.) It is stated by the petitioner that his marriage was solemnized with the opposite party on 27th June, 2010. After marriage both the husband and wife used to stay at Jalpaiguri. The petitioner is a teacher of Rajganj M.N. High School in the district of Jalpaiguri. Initially marital relationship between the parties was very cordial but subsequently differences cropped up between the parties and the opposite party left her matrimonial home and took shelter at her uncle's house at village Baraobari in the district of Uttar Dinajpur. The petitioner also stated that her paternal home is at village Sukanta Polly Majhra in the district of Malda. The petitioner came to know that the opposite party has instituted a suit for restitution of conjugal rights being Matrimonial Suit No.166 of 2019 in the Court of the learned District Judge, Uttar Dinajpur at Raiganj. Though the paternal home of the opposite party is at Malda, she has filed the suit at Raiganj. The petitioner, on the other hand presently residing at Shaktigarh Upper Colony in the district of Jalpaiguri. He will face tremendous hardship if he is compelled to contest the said suit at Uttar Dinajpur in a regular manner. The distance between Uttar Dinajpur and Jalpaiguri is about 155 km in one way. It takes about 5 hours to reach Raiganj from Jalpaiguri. The petitioner may not get leave from his school to contest the said suit. Moreover, one of the relatives of the opposite party is a very influential person and the petitioner will not get legal assistance at Raiganj for proper representation of his case in the said suit. Therefore, the petitioner has prayed for transferring the said suit to any other court of competent jurisdiction and preferably to the Court of the learned District Judge, Jalpaiguri.

(3.) The opposite party has filed an affidavit-in-opposition against the said application under Section 24 of the Code of Civil Procedure. It is specifically stated by the opposite party that she used to stay with her husband at Raiganj, Jalpaiguri only occasionally. Most of the time she used to stay at Ilahar, Uttar Dinajpur at her native matrimonial home. After she was driven out from her matrimonial home she took shelter at her uncle's house at Hemtabad.