MITHU CHAKRABORTY NEE BANERJEE Vs. SUMAN CHAKRABORTY

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure praying for transfer of the Matrimonial Suit No.43 of 2017 filed by the husband/opposite part, now pending before the Court of the learned Additional District Judge, Fast Track Court No.1 at Barrackpore, North 24 Parganas to the Court of the learned Additional District Judge at Durgapur, Burdwan.

(2.) Learned advocate for the petitioner submitted that few days after marriage of the petitioner with opposite party, the wife/petitioner was put to suffer torture, oppression, cruelty in the hands of her husband over a demand of money and other dowry items. Somehow, the wife forbore such humiliation and oppression with a high hope for future adjustment, but ultimately it was turned out to be an ideal exercise. The wife/petitioner was ultimately driven out from her-in-law's house. Under a compelling circumstances, petitioner/wife had to take shelter in her paternal house at Durgapur. Two children were admittedly borne out to petitioner/wife out of their wedlock. The wife, for having had no income of her own, filed a proceeding under Section 125 Cr. P.C before the Court of learned Magistrate, Durgapur with a prayer for maintenance under Section 125 Cr. P.C., alleging torture, neglect and refusal against her husband, as embodied in Section 125 Cr. P.C. The husband/opposite party participated in the proceeding under Section 125 Cr. P.C. Ultimately the proceeding, under Section 125 Cr. P.C, was disposed of by directing husband to pay maintenance at the rate of Rs.2000/- per month to the wife, and Rs.1000/- each for the two minor children.

(3.) Petitioner/Wife has now been passing her days under the charity of her parents. For the realisation of maintenance due, the wife/petitioner had to initiate execution proceeding against her husband.