KOEL ADHIKARY (HALDER) Vs. SUMANTA HALDER

JUDGEMENT

(1.) The petitioner is the legally married wife of the opposite party. Their marriage was solemnized on 8th June, 2003 at Santoshpur in the paternal home of the petitioner. After marriage the petitioner and the opposite party started residing at premises No.75, Garfa Main Road, Sanpui Para within the jurisdiction of the learned District Judge, South-24-Parganas at Alipore. In the said wedlock she gave birth to a female child in the year 2007 who is now a student of Class-X of Patha Bhavan School at Kolkata. The petitioner has been working as Hostel Warden of a school situated at Makhla, Uttarpara in the District of Hooghly. The opposite party instituted Matrimonial Suit No.60 of 2019 before the learned Additional District Judge, Diamond Harbour praying for dissolution of marriage by a decree of divorce against the petitioner and said suit is now pending before the Fast Track, 2nd Court of the learned Additional District Judge at Diamond Harbour. The petitioner wants to get the suit transfer from Diamond Harbour to Alipore on the following grounds - (i) that the present residence of the petitioner is within the jurisdiction of Alipore (ii) the daughter of the petitioner has been pursuing her study at Patha Bhavan situated at Ballygunge Place within the jurisdiction of the same Court (iii) the petitioner is an employee of a school at Uttarpara and she is facing inconvenience to contest the said matrimonial suit at Diamond Harbour.

(2.) The opposite party has denied all such allegations by filing an affidavitin-opposition. It is specifically stated by the opposite party that Premises No.75, Garfa Main Road, Sanpui Para is the paternal home of the opposite party. The opposite party has been driven out from his own house by the petitioner and she has taken control of the said house. The learned Advocate for the opposite party draws my attention to the cause title of the application under Section 24 of the Code of Civil Procedure where the address of the petitioner is given at 5/1 Santoshpur West Road. It is submitted by the learned Advocate for the opposite party that Santoshpur is the paternal home of the petitioner and the petitioner has been residing at Santoshpur with her minor child and the Garfa house is under lock and key. Accordingly, it is urged by the learned Advocate for the opposite party that since the Court of the learned Additional District Judge at Baruipur is nearer to Santoshpur, the suit may be transferred to Baruipur and in that case no inconvenience of either of the parties would be caused.

(3.) Learned Advocate for the petitioner in reply has disputed the submission made by the learned Advocate for the opposite party to the effect that the petitioner and her child has been residing mostly at Santoshpur and not at Sanpui Para Garfa.