MITA DAS Vs. SRI GOUTAMENDRA NATH DAS

JUDGEMENT

(1.) In this application under section 24 of the Code of Civil Procedure, 1908 the petitioner -wife has prayed for, transfer of the matrimonial suit filed by the opposite party -husband, claiming a decree for dissolution of marriage and pending before the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore to the Court of the learned District Judge at Tamluk, District - Purba Medinipur.

(2.) On April 5, 2016 when this application was taken up for hearing, after being prima facie satisfied with the grounds urged by the petitioner in this application, this Court passed an interim order directing stay of all further proceedings in Matrimonial Suit No. 1183 of 2015 pending before the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore till May 6, 2016. The petitioner was also directed to serve a copy of the application on the opposite party. On April 27, 2016 when this application was taken up for hearing, the opposite party appeared before this Court. On the prayer of his advocate an opportunity was granted to the opposite party to file his affidavit in opposition within May 13, 2016. However, no affidavit in opposition has been filed on behalf of the opposite party. Today when this application is taken up for hearing, none appeared on behalf of the opposite party. In these circumstances, this application is taken up for final hearing in the absence of the opposite party.

(3.) The grounds urged by the petitioner in this application are that after being compelled to leave the matrimonial home, she is presently residing with her widow mother at Tamluk in the District of Purba Medinipur. She has no independent source of income nor she is receiving any maintenance from the opposite party. The petitioner is facing great hardship to travel the long distance of 160 kilometres, each way, between her present residence at Tamluk and the Court of the learned Additional District Judge, 4th Fast Track Court, Barrackpore. All these grounds urged by the petitioner remain uncontroverted. Considering the grounds urged by the petitioner, I am satisfied that she has substantiated a ground for obtaining transfer of the matrimonial suit from the Court of the learned Additional District Judge, 4th Fast Track Court at Barrackpore to the Court of the learned District Judge, Tamluk, District : Purba Medinipur.