SOUMI MUKHERJEE Vs. MANAS MUKHERJEE

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereafter the CPC) filed by the wife/petitioner against her husband/opposite party praying for transfer of Act VIII Miscellaneous Case No.3 of 2018 as well as Act VIII Miscellaneous Case No.8 of 2018 from the court of learned District Judge, Asansol, West Burdwan to the court of learned District Judge, Hooghly.

(2.) Factual matrix of the case leading to filing of the instant application is very short and stated below:-

(3.) Marriage of the petitioner with the opposite party was solemnized according to the Hindu Rites and Ceremonies on 21st April, 2014. The petitioner gave birth to a male child in the said wedlock between her and the opposite party on 10th July, 2015. So, the only son of the petitioner and the opposite party is presently aged about 4 years. During their marital life, the petitioner noticed that her husband/opposite party has been living an immoral life. It is alleged that the opposite party maintains intimate relation with another lady during the subsistence of his marriage with petitioner. As the opposite party lives an immoral life, it was not possible for her to live with her husband under one roof and she left her matrimonial home alongwith her minor child and took shelter at her mother's house at 455/1 TN Mukherjee Road, Makhla, Hooghly. The petitioner admitted her son in a Montessori School under the name and style of Kidzee, Uttarpara, Hooghly. Subsequently, the said child was admitted to Methodist School, Dankuni in the District of Hooghly, governed under Indian Council of Secondary Education (ICSE).