SHILA CHATTERJEE Vs. TAPAN CHATTERJEE

JUDGEMENT

(1.) Two applications both under section 24 of the Code of Civil Procedure; one for transfer of a divorce suit being Matrimonial Petition No. 31 of 2001 and another for transfer of guardianship proceeding being Misc. Case No. 220 of 2001, were filed by the wife petitioner before this Court. The application for transfer of Matrimonial Petition No. 31 of 2001 from the Court of 2nd Bench of the Family Court Calcutta to the Court of the learned District Judge at Alipore was registered as C.O. No. 2010 of 2001. The other application for transfer of Misc. Case No. 220 of 2001 from the Court of the Principle Judge, 1st Family Court, Calcutta to the Court of the learned District Judge at Alipore was registered as C.O. No. 9 of 2002.

(2.) Since the parties in both the applications are same and the grounds for transfer in both the applications are also similar to each other, I propose to dispose of both these applications analogously and by a common order.

(3.) In both the aforesaid applications, the wife petitioner prayed for transfer of the aforesaid suit and the proceeding both filed by the Husband/ Opposite Party on the following grounds : Firstly, transfer was prayed for on the ground of convenience of the wife petitioner in attending the Alipore Court. The wife is staying at premises No. P/42, Ananda Pally, Pashupati Bhattacharjee Raod, P.S. Behala nearer to Alipore Court. Thus, since Alipore Court is nearer to her residence than the Family Court at Calcutta where the suit/proceeding are pending, it will be convenient for her to attend Alipore Court than attending Family Court, Calcutta for contesting the said suit and/or proceeding. Secondly, the wife petitioner has filed an application under section 125 of the Code of Criminal Procedure before the C.J.M. Alipore. The said proceeding, which was registered as Misc. Case No. 148 of 99 has since been transferred to the Court of the A.C.J.M. at Alipore. The husband is conveniently contesting the said proceeding at Alipore. Therefore, the husband/opposite party wilt not feel any inconvenience, if the said suit and the proceeding are transferred from the Family Court to the Court of the District Judge at Alipore. Thirdly, the wife petitioner is unable to contest the said suit and the proceeding herself and Family Court normally does not permit engagement of lawyer by the parties for conducting their case. These are the three grounds on which the wife petitioner prays for transfer of the said suit and the proceeding as aforesaid from the Family Court to District Judge at Alipore.