OENDDRELA CHANDRA NEE DUTTA Vs. LOKNATH CHANDRA

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 District Judge, Barasat, North 24 Parganas to any competent Court under the District and Sessions Judge, Alipur, South 24 Parganas.

(2.) As directed by this Court on May 19, 2017 the petitioner forwarded a copy of this application to the opposite party by speed post with acknowledgement due and the latter has received the same. Let, the affidavit of service filed on behalf of the petitioner be kept with the record. However, none appears on behalf of the opposite party to oppose this application.

(3.) The ground urged by the petitioner in this application is that before filing of the matrimonial suit by the opposite party husband, she herself had already filed the matrimonial suit presently numbered as Matrimonial Suit No. 98 of 2016, under Section 27 of the Special Marriage Act, 1954 before the learned 1st Additional District Judge at Alipore praying for, a decree for divorce against the opposite party husband. In the said suit she has also filed an application under Section 36 of the said Act of 1954 praying for, inter alia, alimony pendente lite. According to the petitioner, the issues involved in the matrimonial suit filed by herself claiming a decree for dissolution of marriage and in the matrimonial suit filed by the opposite party husband claiming a decree for restitution of conjugal rights are similar in nature and there would be involvement of common witnesses on behalf of the respective parties. If the two suits are allowed to continue in two different Courts, there is every likelihood of conflicting judicial decision in respect of the same issue.