LAWS(CAL)-2019-6-161

NAVASHREE CHHETRI Vs. ANUP SHEKHAR CHAKRABORTY

Decided On June 18, 2019
Navashree Chhetri Appellant
V/S
Anup Shekhar Chakraborty Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner submits the affidavit-in- reply in course of hearing. Let it be kept with the record. This is an application under Section 24 of the Code of Civil Procedure (hereafter C.P.C.) filed by the wife petitioner praying for transfer of a matrimonial suit being Mat. Suit No.32 of 2016 filed by the husband opposite party against her presently pending before the learned Additional District Judge, 16th Court at Alipore, South 24 Parganas to the Court of the learned District Judge, Darjeeling.

(2.) It is ascertained from the application under Section 24 of the C.P.C. that the opposite party was a full time lecturer of St. Joseph's College, Darjeeling. The petitioner was also a part time lecturer of Darjeeling Government College. Intimacy grew up between them and their marriage was solemnized according to Hindu rites and customs in Darjeeling on 26th February, 2015. After marriage both the petitioner and the opposite party started residing together in a rented accommodation in Darjeeling as husband and wife. However, the petitioner's stay as wife of the opposite party at her matrimonial home in Darjeeling was not happy. The opposite party was quarrelsome. He used to pick up quarrel on trivial issues of the petitioner. Some other allegations regarding impotency of the opposite party were also made by the petitioner in the instant petition.

(3.) It is further stated by the petitioner that on or between 17th December, 2016 both the opposite party and the petitioner came to Kolkata in the paternal home of the opposite party. Subsequently, the husband of the petitioner refused to return to Darjeeling on the pretext of his personal job. All on a sudden the petitioner came to know that the opposite party has filed a suit for divorce which was registered as Mat. Suit No.32 of 2016, presently pending before the learned Additional District Judge, 16th Court at Alipore.