NASIMA KHATUN Vs. SYED ASGAR HOSSAIN

JUDGEMENT

(1.) The instant application under Section 24 of the CPC has been filed by one Nasima Khatun seeking transfer of the Matrimonial Suit No. 1 of 2007 from the Court of learned 2nd Civil Judge (Junior Division), Sealdah to any, such Court of Hooghly.

(2.) Having gone through the materials on record including the contents of the application under Section 24 of the CPC as also the plaint of MAT Suit No. 1 of 2007 and some other materials on record including the contents of the copy of MAT Suit No. 2005 of 2006 it could be said that the present petitioner's marriage with the O.P. Syed Asgar Hossain took place on 1.12.2005 in accordance with Muslim rites and customs. After marriage petitioner and O.P. lived together for some time and thereafter the present petitioner started living separate w.e.f. July, 2006. It would appear that in July, 2006 O.P. -husband brought MAT Suits being No. 2005 of 2006 and C/819 of 2006 against the present petitioner before the learned Additional District Judge, Sealdah and both the suits were ultimately dismissed and withdrawn respectively. It would further appear that on 21.5.2007 when the petitioner was going to attend Sealdah Court at that point of time the O.P. -husband along with three other persons of his group threatened the petitioner and created pressure upon her to go with him. Thereafter, the petitioner took shelter at Muchipara P.S. and expressed her views to lodge general diary against the O.P., but the Duty Officer refused to accept the same. Subsequently on 11.6.2007 the petitioner sent written complaint to D,C. (Central), Lalbazar and O.C., Muchipara P.S. and also filed Title Suit No. 121 of 2007 before the learned Civil Judge, Senior Division, 1st Court, Hooghly at Chinsurah praying for declaration that there is no marriage between the petitioner and the O.P. Thus, two MAT Suits are now pending between the petitioner and O.P. at Sealdah Court and Hooghly at Chinsurah.

(3.) Learned Counsel appearing for the petitioner while making submission drew this Court's attention to the materials on record and emphatically submitted that considering the safety, security and all other surrounding circumstances of the petitioner, the MAT Suit No. 1 of 2007, now pending before the Civil Judge, Junior Division, 2nd Court, Sealdah needs to be transferred to any such Court of Hooghiy at Chinsurah.