SANGHAMITRA MONDAL Vs. MAHUA DAS (MONDAL) AND ORS.

JUDGEMENT

(1.) All these three applications under Sec. 24 of the Code of Civil Procedure, 1908 are at the instance of the same petitioner. In the first application, C.O. No. 840 of 2015, the petitioner has prayed for transfer of the Money Suit No. 50 of 2014 filed against herself by her brother -in -law, Manas Kumar Mondal and pending before the Court of the learned Civil Judge (Senior Division), 2nd Court at Barasat to any competent Court at Alipore, South 24 Parganas. In the second application, C.O. No. 841 of 2015 the petitioner has prayed for transfer of the Money Suit No. 22 of 2014 filed against herself by her sister -in -law, Smt. Mahua Das (Mondal) pending before the learned Civil Judge (Senior Division), at Bolpur at Birbhum to any competent Court at Alipore, South 24 Parganas. In the third application, C.O. No. 2729 of 2015 the petitioner has prayed for transfer of the Money Suit No. 193 of 2015 filed against herself by her mother -in -law, Latika Mondal and pending before the Court of the learned Civil Judge (Senior Division), 2nd Court at Barasat to any competent Court at Alipore, South 24 Parganas. Since, the facts as also the law involved for deciding all the applications are identical, all these three applications are disposed of by this common judgment.

(2.) The facts giving rise filing of these three applications by the petitioner are shortly stated as follows.

(3.) The petitioner is the wife of one Dr. Malay Kumar Mandal. The said husband of the petitioner has filed a matrimonial suit under Sec. 13(1)(I)(a) of the Hindu Marriage Act, 1955, before the Court of the learned District Judge, South 24 Parganas at Alipore, claiming a decree for divorce. On August 20, 2011, the petitioner lodged a written complaint before the Officer -in -Charge, Kasba Police Station alleging that her said husband, has physically and mentally tortured her and the same was instigated by her father -in -law, mother -in -law, brother -in -law and sister -in -law (husband's sister). On the basis of the said written complaint of the petitioner, Police Authority registered a First Information Report and Kasba Police Station case No. 379 of 2011 was initiated against the husband, father -in -law, mother -in -law, brother -in -law and sister -in -law of the petitioner. The Investigation Officer of the Kasba Police station filed charge -sheet against the petitioner's husband as also her father -in -law, the mother -in -law, the brother -in -law and the sister -in -law Sec. 498A, 323, 506, 34 and 406 of the Indian Penal Code read with Ss. 3 and 4 of the Dowry Prohibition Act.