SUSHMA GOEL Vs. ANU GOEL

JUDGEMENT

(1.) This is an application under Sec. 24 of the Code of Civil Procedure (here after the CPC) filed by the wife/petitioner praying for transfer of matrimonial suit No.573 of 2018 from the Court of the learned District Judge, Howrah to the Court of the learned District Judge, North 24 Parganas at Barasat.

(2.) It is stated by the petitioner in her application under Sec. 24 of the Code of Civil Procedure that her marriage with the opposite party was solemnized according to Hindu Rights and Ceremonies on 18th May, 2005 at Ballygunge, Calcutta. After marriage, the petitioner went to her matrimonial home at Howrah. It is alleged that in her matrimonial home she was subjected to in human physical and mental torture on illegal demand of dowry. In the mean time, the petitioner became pregnant and the opposite party sent her to her brother's house at Bangur Avenue. Since then she has been residing at her brother's house. The opposite party did not take any attempt to take her back to his house. On 27th Sept., 2006, she gave birth to a mail child. Subsequently, however, the petitioner and the opposite party stayed together for few days at Nagerbazar within PS Dumdum. Subsequently, on 13th September, 2007 the opposite party deserbed her. The son of the petitioner at present is a student of class VI. The opposite party previously instituted matrimonial suit No.1986 of 2007 praying for dissolution of marriage by a decree of divorce. In the said suit the petitioner filed an application under Sec. 24 of the Hindu Marriage Act for alimony pendent lite. The said application was disposed of by the learned Additional District Judge, 1st Court at Barasat on 20th Feb., 2009 directing the opposite party to pay alimony pendent lite to the petitioner and her son at the rate of Rs.15,000.00 per month. The aforesaid order was challenged by the opposite party before this Court by filing a revision being CO No.1340 of 2009. The said revision was also rejected. Finding no other alternative, the opposite party did not take any step in the said suit. He also did not make any payment of alimony to the petitioner and her son. Ultimately, the said matrimonial suit was dismissed for default. All on a sudden, the petitioner came to know that the opposite party filed Matrimonial Suit No.573 of 2018 against the petitioner for divorce before the Court of learned District Judge at Howrah. It is pleaded by the petitioner that the petitioner is suffering from virulent form of psoriasis. She is physically incapable to attain Howrah Court to contest the suit for divorce filed by the opposite party. She has also no source of income. Moreover, her son is a student of class VI and she will face tremendous hardship if she is compelled to go Howrah Court to contest the said suit. Therefore, the petitioner has prayed for transfer of MAT No.573 of 2018 to the Court of the learned District Judge, North 24 Parganas at Barasat.

(3.) Mr. Indranath Mukherjee, learned Advocate for the petitioner has pressed the ground of transfer of the aforesaid matrimonial suit mainly on the ground that the petitioner has been suffering from psoriasis and it is not possible for her to go to Howrah Court regularly from Bangur Avenue. Therefore, her prayer may be allowed.