NIBEDITA MUKHERJEE Vs. JOSEPH BIKASH BAGH

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 and pending before the Court of the learned Additional District Judge, Fast Track Court(II) at Sealdah to the learned Additional District Judge at Bolpur, Birbhum.

(2.) It is the case of the petitioner that after being compelled to leave the matrimonial home she is presently residing at Bolpur and she has very recently joined as a primary teacher of a government school at Bolpur. Before filing of the matrimonial suit she had already filed a proceeding under Section 125 Criminal Procedure Code, 1973 before the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum and an application for execution of an order passed in the said Section 125 proceeding is pending before the learned Additional Chief Judicial Magistrate, Birbhum and the opposite party who is contesting the said proceeding has also filed an application under Section 127 of the Criminal Procedure Code which is also pending before the appropriate Court at Bolpur. A proceeding under Section 498A and Sections 3 /4 of the Dowry Prohibition Act initiated against the opposite party is also pending before the learned Chief Judicial Magistrate at Bolpur, Birbhum and the opposite party is also contesting the said proceeding. According to the petitioner, she will face great hardship to contest the matrimonial suit before the learned Additional District Judge, Fast Track Court(II) at Sealdah by travelling the long distance of more than 150 kilometers each way between Bolpur and Sealdah. In support of the prayer made by the petitioner reliance was also placed on the decision of the Hon ble Supreme Court in Tejalben v. Mihirbhai Bharatbhai Kothari, 2016 AIR(SC) 718.

(3.) A copy of the revisional application was served upon the opposite party and he is represented by Ms. Ameena Kabir. Ms. Kabir submitted that if the matrimonial suit is transferred to the Court of the learned Additional District Judge, Bolpur, Birbhum the opposite party will face difficulty because in order to contest the criminal proceeding and to proceed with the matrimonial suit he has to obtain frequent leave for a long period from the school where he is employed as a teacher.