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2020 DIGILAW 307 (CAL)

Kurnava Mal v. Antara Mal

2020-02-28

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application seeking transfer of a proceeding under Section 125 of the Code being Miscellaneous Case No.69 of 2019 pending before the Additional Chief Judicial Magistrate, Arambagh, Hooghly to the Court of the learned Chief Judicial Magistrate, Bankura. 2. Affidavit of service filed on behalf of the petitioner is taken on record. 3. Vakalatnama filed on behalf of the wife/opposite party and her minor child is also taken on record. 4. Learned Senior Counsel appearing on behalf of the petitioner/husband submits as follows. Earlier, the opposite party no.1/wife had filed a criminal case, inter alia, under Section 498A of the Penal Code against the present petitioner and other inlaws at Bankura. The case is still pending there. As such, it will be mutually convenient to both the parties if the present proceeding, which is pending at Arambagh, Hooghly is also transferred to a learned Court at Bankura. 5. Learned Counsel appearing on behalf of the opposite parties submits as follows. Earlier a criminal case had to be filed at Bankura because the cause of action of the case lay there. However, it will be inconvenient for the petitioner if she is made to travel all the way to Bankura to fight for maintenance allowance. 6. I have heard the submissions of the learned Counsels appearing on behalf of the parties and have perused the revision petition. 7. It appears that the earlier case was initiated by the opposite party no.1/wife against the petitioner/husband and other in-laws at Bankura because the cause of action for the case lay there. 8. However, the present proceeding was initiated by the opposite party no.1/wife at Arambagh, Hooghly where she resided. 9. The husband has not been able to provide any special or exigent reason for seeking transfer of the case. Without any such exceptional circumstance, a proceeding under Section 125 of the Code should not be transferred away from the place where it was instituted by the wife. The wife and the minor child should not be made to travel unnecessarily to a far off place to fight for maintenance allowance under Section 125 of the Code. 10. In the view of the above, I do not find any merit in this revisional application. Accordingly, the same is dismissed. 11. However, there shall be no order as to costs. 12. 10. In the view of the above, I do not find any merit in this revisional application. Accordingly, the same is dismissed. 11. However, there shall be no order as to costs. 12. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.