DEEPIKA GUPTA Vs. SHAILESH GUPTA

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereafter "CPC") filed by the wife/petitioner praying for transfer of Matrimonial Suit No.89 of 2015 instituted by the opposite party/husband pending before the 14th Court of the Learned Additional District Judge to the Court of Learned District Judge, Howrah.

(2.) The petitioner is a legally married wife of the opposite party. The opposite party filed a matrimonial suit under Section 9 of the Hindu Marriage Act claiming restitution of conjugal rights against the petitioner before the learned District Judge, South 24 Parganas at Alipore. The said suit was subsequently transferred to 14th Court of the learned Additional District Judge at Alipore.

(3.) The petitioner entered appearance in the said suit and on 5th May, 2016 she filed an application under Section 24 of the Hindu Marriage Act praying for alimony pendente lite for herself and her minor child which was registered as Misc Case No.2169 of 2016. By an order dated 25th January, 2017, the learned trial judge passed an order upon the application under Section 24 of the Hindu Marriage Act directing the opposite party to pay alimony pendente lite at the rate of Rs.3000/- for the petitioner and Rs.2000/- for their minor son, total being Rs.5000/- per month payable within 10th of each succeeding month. The opposite party, however, is very irregular in making payment of alimony. In the mean time, the petitioner has filed a suit for dissolution of marriage against the opposite party by a decree of divorce before the learned District Judge, Howrah which was registered as Matrimonial Suit No.2941 of 2016. The said suit was subsequently transferred to the Court of learned Additional District Judge, 1st Court at Howrah for disposal and renumbered as Matrimonial Suit No.986 of 2016. It is also pleaded by the petitioner that upon her complaint a proceeding under Section 12 read with Sections 13/18/19/20/22 of the Protection of Women from Domestic Violence Act was registered against the opposite party as Misc Case No.419 of 2016 and the same is pending before the learned Chief Judicial Magistrate at Howrah. Police has also registered P.S Case No.142 of 2016 under Section 498A/406 of the Indian Penal Code against the opposite party. The opposite party, on the other hand has filed an application under the Guardians and Wards Act praying for custody of their minor child.