MOU DAS Vs. SUDEB DAS

JUDGEMENT

(1.) Matrimonial Suit No.154 of 2019 presently pending before the learned Additional District Judge at Kalyani was filed by one Sudeb Das, opposite party herein against the petitioner/wife praying for dissolution of marriage by a decree of divorce.

(2.) The wife/petitioner has come up before this Court with 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, Dakshin Dinajpur at Balurghat. It is stated by the petitioner that after she was driven out from her matrimonial home, she has been residing at her paternal home at village Fakirpara, Gangarampur in the district of Dakshin Dinajpur. She is a housewife and has no source of income. Distance between Dakshin Dinajpur and Kalyani is more than 350 kilometers in one way. It is also stated by the petitioner that after being driven out from her matrimonial home she was pregnant and subsequently she gave birth to a male child who is now two years old and has been residing with her. The opposite party does not pay any amount for maintenance of the petitioner and her son. It is pleaded by the petitioner that if she is compelled to attend Court at Kalyani from Dakshin Dinajpu, she will suffer financial hardship and physical stress. Moreover, it is not possible for her to make such long journey with her minor child aged about two years. So, the petitioner has prayed for transferring the case to the Court of the learned District Judge, Dakshin Dinajpur at Balurghat.

(3.) In spite of affidavit of service the opposite party has not turned up to contest the proceeding. Affidavit of service be kept with the record.