PARBATI SENAPATI Vs. TOSHAN SENAPATI

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure 1908, hereinafter called as "the Code", at the instance of the petitioner wife praying for, transfer of the matrimonial suit filed by the opposite party husband which is pending before the learned Principal Judge, Family Court no. 2, at Calcutta to the Court of the learned District Judge, Paschim Medinipore.

(2.) The ground urged by the petitioner in this application for transfer of the matrimonial suit are that not only the marriage between opposite party and herself was solemnized at Kharagpur, the parties also last resided at their matrimonial home in the district of Purba Medinipore, she is presently residing at Kharagpur and the opposite party has motivatedly filed the matrimonial suit before the learned Family Court at Calcutta which has no jurisdiction to entertain the same. The petitioner has further alleged that not only the learned Family Court, Calcutta lacks the territorial jurisdiction to entertain the matrimonial suit, even the petitioner is otherwise facing great hardship to contest the matrimonial suit by travelling the long distance between her residence at Kharagpur and the city of Kolkata. According to the petitioner, she has no friend or relative in Kolkata, nor does she have any male member to accompany her to the city of Kolkata for the purpose of contesting the matrimonial suit before the learned Family Court. She has no independent source of income and it is only Rs. 1000/ - (Rupees One Thousand only) that she receives from the opposite party on account of pendente lite maintenance. Thus, she is also facing financial hardship to bear the travelling and other expenses to contest the proceeding at Kolkata.

(3.) After being prima facie satisfied with the grounds urged by the petitioner in the application, on August 11, 2015 this Court passed an interim order, directing stay of all further proceedings in the matrimonial suit pending before the learned Principal Judge, Family Court no. 2 at Calcutta till September 4, 2015. The petitioner was directed to serve a copy of the application on the opposite party. On the returnable date the opposite party appeared before this Court, he filed his affidavit - in -opposition to this application and contested the application.