Monisha Ghosh nee Chakraborty v. Rajat Subhra Ghosh
2016-01-06
ASHIS KUMAR CHAKRABORTY
body2016
DigiLaw.ai
JUDGMENT : In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner wife has prayed for, transfer of the Misc. Case No. 217 of 2014 filed by the opposite party husband claiming custody of the minor daughter under the Guardians & Wards Act, 1890 and pending before the Court of the learned District Judge, Howrah to the Court of the learned District Judge, North 24 Parganas at Barasat. The principal ground for transfer urged by Mrs. Chakraborty appearing for the petitioner in this application is that by the order dated June 20, 2015 the learned District Judge, Howrah has directed the petitioner to produce the minor daughter before the Court of the learned District Judge on every first and third Saturday of each month for allowing the opposite party husband to meet the minor daughter from 10 A.M. to 1 P.M. Mrs. Chakraborty urged that the minor daughter, being only nine years old, has to undertake a long journey from her residence at Dum Dum to the Court of the learned District Judge at Howrah. She submitted that the petitioner has no objection if she is directed to produce the minor daughter before the Court of the learned District Judge, North 24-Parganas at Barasat on every first and third Saturday of each month to allow the opposite party husband to meet the minor daughter. The factum of difficulty or the agony faced by the minor daughter to travel from Dum Dum to the Court of the learned District Judge at Howrah on every first and third Saturate of each month could not be disputed by Mr. Dutta appearing for the opposite party. He, however, submitted that the Misc. Case No. 217 of 2014 may be transferred to the Court of the learned Additional District Judge at Sealdah. I have considered the facts and circumstance of the case as also the submissions of both Mrs. Chakraborty and Mr. Dutta appearing for the respective parties. Although Mr. Dutta submitted that the miscellaneous case filed by the opposite party husband claming custody of the minor daughter may be transferred to the Court of the learned Additional District Judge at Sealdah, but I find that the minor daughter will still face the difficulty to travel from Dum Dum to Sealdah on every first and third Saturday of each month. Thus, I am unable to accept the submission of Mr.
Thus, I am unable to accept the submission of Mr. Dutta to transfer the miscellaneous case to the Court of the learned Additional District Judge at Sealdah. Having considered the facts and circumstances of the case, I find that the petitioner has substantiated her ground for obtaining transfer of the Misc. Case No. 217 of 2014 filed by the opposite party husband to the Court of the learned District Judge, North 24Pareganas at Barasat. Accordingly, the Misc. Case No. 217 of 2014 [Rajat Subhra Ghosh vs. Smt. Monisha Ghosh (nee Chakraborty)] is withdrawn from the Court of the learned District Judge, Howrah and the same is transferred to the Court of the learned District Judge, North 24 Parganas at Barasat. It is, however, made clear that the learned District Judge, North 24-Parganas at Barasat may assign the miscellaneous case filed by the opposite party claiming custody of the minor daughter to the Court of any learned Additional District Judge at Barasat. The learned District Judge, Howrah is directed to forthwith transmit all the records of Misc. Case No. 217 of 2014 [Rajat Subhra Ghosh vs. Smt. Monisha Ghosh (nee Chakraborty)] to the Court of the learned District Judge, North 24-Parganas at Barasat, who shall, in turn, transmit the same to the Court of the learned Additional District Judge at Barasat before whom the matter may be assigned. It is made clear that the order dated June 20, 2015 passed by the learned District Judge, Howrah shall remain valid till disposal of the Misc. Case No. 217 of 2014, which may be renumbered before the transferee court. After receiving the notice of arrival of the records of the proceeding, being Misc. Case No. 217 of 2014 before the learned District Judge, North 24-Parganas at Barasat and until the mater is assigned to any learned Additional District Judge at Barasat, the petitioner shall produce the minor daughter before the learned District Judge North 24-Parganas at Barasat on every first and third Saturday of each month and, thereafter, the petitioner shall continue to comply with the order dated June 20, 2015 before the learned transferee court. Mr. Dutta learned Advocate appearing for the opposite party submitted that the opposite party is ready to deposit the special messenger cost for transmitting the records of the Misc.
Mr. Dutta learned Advocate appearing for the opposite party submitted that the opposite party is ready to deposit the special messenger cost for transmitting the records of the Misc. Case No. 217 of 2014 from the Court of the learned District Judge, Howrah to the Court of the learned District Judge, North 24-parganas at Barasat. Let the cost of the special messenger be deposited by the opposite party in the concerned department of the Court of the learned District Judge at Howrah within January 11, 2016. With the above directions, this revisional application, being C.O. 3587 of 2015, stands disposed of. There shall, however, be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.