MAMONI SANTRA Vs. BAPPADITYA SANTRA

JUDGEMENT

(1.) A suit for restitution of conjugal rights being Matrimonial Suit No.212 of 2018 is sought to be transferred from the Court of the learned Additional District Judge, Uluberia to the Court of the learned Additional District Judge at Barrackpore, North 24 Parganas at the instance of the wife/petitioner on the ground that she is residing at Village Hazinagar within the District of North 24 Parganas after being driven out from her matrimonial home along with her child aged about 11 years at present. The opposite party is a resident of Village Parbakshi within P.S.Joypur, Howrah and the suit was instituted in the Court of the learned Additional District Judge, Uluberia.

(2.) The petitioner has prayed for transfer of the said suit to Barrackpore on the ground that the distance between her paternal home and Uluberia Court is about 230 Kilometers in both ways. Secondly, the petitioner has no source of income. Thirdly, by an order dated 19th February, 2019, this Court directed the petitioner to appear before the learned Additional District Judge, Uluberia for reconciliation. However, the attempt of reconciliation has failed because the petitioner did not want to stay with the opposite party as she was subjected to both physical and mental torture.

(3.) Learned Advocate for the opposite party in course of hearing submits frankly that since reconciliation has failed, the suit may be transferred to the Court of the learned District Judge, Howrah.