PAMPA BANERJEE Vs. SRI MRIDUL BANERJEE

JUDGEMENT

(1.) This application under Sec. 24 of the Code of Civil Procedure has been filed by Smt. Pampa Banerjee praying for transfer of Matrimonial Suit No.1425 of 2010 pending in the Court of the learned District Judge at Barasat, North 24-Parganas to the Court of the District Judge, Cooch Behar.

(2.) The petitioner is the wife of the opposite party. The petitioner claims that she was married in 2009 with the opposite party. Subsequently, the husband opposite party filed a matrimonial suit being No.1425 of 2010 before the learned Court of District Judge at Barasat for dissolution of marriage by granting decree of divorce under Sec. 13 of the Hindu Marriage Act, 1955. A copy of the plaint of the said matrimonial suit has been annexed to the revisional application.

(3.) On perusal of the said plaint, it appears that the petitioner wife was a permanent resident of Village and Post Office : B.S. Road, Police Station : Cooch Behar (North), District : Cooch Behar. She was residing with the husband at her matrimonial home at Village and P. O. : Udayrajpur (3 No. Chandigarh), near Nabin Sangha, 9 No. Railway Gate, Police Station : Madhyamgram, District : North 24-Parganas. It is the admitted fact that the wife left her matrimonial home and went to her mother and thereafter, started residing there at Cooch Behar permanently. The matrimonial suit has been filed against the wife although she has been residing at Cooch Behar and she has no place to stay in the district of North 24-Parganas. The opposite party husband has also never tried to get the wife back to her matrimonial home after she left sometime in Aug., 2009 as has been stated by the husband opposite party in the plaint of his matrimonial suit.