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2015 DIGILAW 799 (CAL)

Dola Basu v. Bibhas Basu

2015-09-23

ASHIS KUMAR CHAKRABORTY

body2015
Judgment : In this application under Section 24 of the Code of Civil Procedure the petitioner wife has prayed for transfer of the ACT VIII Case No.7 of 2013 filed by the opposite party husband and pending before the learned District Judge at Basirhat to any competent Court of law at Alipore, South 24 Parganas. It is the case of the petitioner that she filed the Matrimonial Suit being Mat. Suit No.54 of 2013 against the opposite party, claiming a decree for dissolution of marriage, before the District Judge, Alipore, South 24 Parganas which has subsequently been transferred and pending before the learned 10th Additional District Judge. According to the petitioner, the opposite party husband is contesting matrimonial suit before the learned 10th Additional Court, South 24 Parganas at Alipore. The petitioner has filed another proceeding under Section 12 read with Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Additional Chief Judicial Magistrate at Alipore which has beentransferred to the Court of learned 8th Judicial Magistrate, South 24 Parganas at Alipore and the opposite party is also contesting the said proceeding. The learned 8th Judicial Magistrate at Alipore passed an order against the opposite party to pay maintenance to the petitioner and against such order the opposite party filed an appeal which is pending before the competent Court at Alipore, 24 Parganas (South). Mrs. Tewari, learned advocate appearing for the petitioner submitted that the opposite party is contesting the said Matrimonial Suit No.54 of 2013 and also the said proceeding under the Protection of Women from Domestic Violence Act, 2005 without complaining any difficulty. She further submitted that if the ACT VIII Case No.7 of 2013 filed by the opposite party claiming custody of the six years old minor daughter is transferred to the same Court of the learned 10th Additional District Judge 24 Parganas (South), Alipore, both the matrimonial suit and the said ACT VIII Case No.7 of 2013 can be decided by one competent Court and that would be convenient for both the parties. Per contra, Mr. Per contra, Mr. Das, learned advocate appearing for the opposite party husband submitted that the opposite party has to look after her elderly parents at home and it will be difficult for him to proceed with the said ACT VIII Case No.7 of 2013 if the same is transferred to the Court of the learned 10th Additional District Judge, South 24 Parganas at Alipore. However, Mr. Das, learned advocate appearing for the opposite party, could not dispute the difficulty faced by the petitioner and her minor child to travel the long distance from Kolkata to Basirhat on regular basis to contest the ACT VIII Case No.7 of 2013 before the learned Additional District Judge, Basirhat. I have considered the facts and circumstances of the case and also the submissions of both Mrs. Tewari and Mr. Das appearing for the respective parties. In the instant case, admittedly, the Matrimonial Suit No.54 of 2013 is pending before the learned 10th Additional District Judge at Alipore South 24 Parganas and the same is being contested by the opposite party. The opposite party is also contesting the proceeding under the Protection of Women from Domestic Violence Act, 2005 before the learned 8th Judicial Magistrate and he has proceeded with the appeal against the order of maintenance passed by the learned Judicial Magistrate before the learned competent Court at Alipore. It would be convenient for both the parties if the ACT VIII case No. 7 of 2013 is transferred to the Court of learned 10th Additional District Judge, South 24 Parganas, Alipore before whom the matrimonial suit is also pending between the parties. The opposite party could not dispute the difficulty that will be faced by the petitioner to travel the long distance between Kolkata and Basirhat, along with the minor child to contest the suit for custody of the child. For all the above reasons the ACT VIII Case No.7 of 2013 (Sri Bibhas Basu vs. Dola Basu) is withdrawn from the Court of learned Additional District Judge, Basirhat and the same is transferred to the Court of learned 10th Additional District Judge, South 24 Parganas, Alipore. For all the above reasons the ACT VIII Case No.7 of 2013 (Sri Bibhas Basu vs. Dola Basu) is withdrawn from the Court of learned Additional District Judge, Basirhat and the same is transferred to the Court of learned 10th Additional District Judge, South 24 Parganas, Alipore. The learned District Judge, North 24 Parganas, Basirhat is directed to forthwith transmit the records of the ACT VIII Case No.7 of 2013 (Sri Bibhas Basu vs. Smt. Dola Basu) to the Court of the learned District Judge, Alipore 24 Parganas (South), and same shall, thereafter, be transmitted to the Court of the learned 10th Additional District Judge, South 24 Parganas, Alipore. Since both the matrimonial suit and the ACT VIII Case No.7 of 2013 are pending for some time now, the learned 10th Additional District Judge, South 24 Parganas, Alipore is requested to dispose of both the matrimonial suit and the ACT VIII Case No.7 of 2013 as early as possible preferably, within one year from the date of first hearing of the suits. With the above directions C.O. 2789 of 2014 stands disposed of. However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertaking.