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2020 DIGILAW 366 (CAL)

Swagata Das v. Subrata Naskar

2020-03-05

BIBEK CHAUDHURI

body2020
JUDGMENT Bibek Chaudhuri, J. - The opposite party has filed the Matrimonial Suit No.526 of 2018 praying for dissolution of marriage by decree of divorce against the petitioner in the Court of the learned Additional District Judge at Baruipur, South 24 Parganas. The petitioner has filed the instant application praying for transfer of the said suit to Barrackpore in the district of North 24 Parganas on the ground that the petitioner has been residing at Bijpur at her paternal home. She has a child aged about three years. She is employed in a school at Naihati as a teacher. The opposite party, on the other hand, is an employee of Food and Supplies Department, Government of West Bengal and presently posted at Asansol. He filed the above numbered matrimonial suit at Baruipur. The petitioner will face inconvenience to contest the suit at Baruipur. So, the suit may be transferred to the Court of the competent jurisdiction at Barrackpore. 2. The opposite party has filed affidavit-in-opposition denying all allegations made out in the application by the petitioner. It is stated by the opposite party that after the marriage the petitioner and the opposite party resided together at Baruipur before she left her matrimonial home along with her minor child. Therefore, Baruipur Court is having jurisdiction to try the matrimonial suit between the parties. The suit was filed in the Court of the learned Additional District Judge at Baruipur. It is submitted by the learned advocate for the opposite party that the petitioner entered appearance in the said suit and filed written statement. The suit is now pending for framing of issues. At this stage, the suit cannot be transferred to any Court at this stage. In support of his contention the learned advocate for the opposite party relies on a decision of the Hon'ble Supreme Court in the case of Neelam Bhatia versus Satbir Singh Bhatia, 2004 13 SCC 436 . 3. I have carefully gone through the above mentioned report by the Hon'ble Supreme Court. The Hon'ble Supreme Court disposed of the application under Section 25 of the Code of Civil Procedure by directing the respondent /husband to bear travelling expenses of the petitioner of the wife and one person accompanying her to attend the proceedings and also to bear incidental expenses of the petitioner and another person beside the arrear maintenance as ordered by the trial Court. Thus in Neelam Bhatia (supra) the Supreme Court disallowed the petitioner's application for transfer of matrimonial suit from Korba, Chattisgarh to Kolkata on the ground that the respondent was agreeable to bear the travelling expenses of the petitioner and one of her associates from Kolkata to Korba. The respondent also agreed to clear off arrear maintenance to be paid to the petitioner by him. 4. In the instant case fact situation, however, is distinguishable from the decision of Neelam Bhatia (supra). It is further recorded that in Neelam Bhatia (supra) the order was passed on particular facts and circumstances prevailing in the said case and no law is laid down by the Hon'ble Supreme Court dealing with the field of transfer of cases. 5. Coming to the instant case the petitioner has prayed for transferring the case from Baruipur to Barrackpore. The opposite party has been working at Asansol. He can directly come to Barackpore which is much before Baruipur station. It is of course urged by the learned advocate for the opposite party that as the parents of the opposite party reside at Baruipur if the suit is tried at Baruipur the opposite party can conduct his case and also can see his old parents. In this regard convenience of the petitioner deserves more importance than the convenience of the opposite party. It is not denied that the petitioner is having three years old child. She is working at Naihati and Barrackpore is the nearest Court where she can contest the suit. 6. Last but not the least this Court must be slow in transferring a suit where trial of the suit is commenced. Exchange of pleadings between the parties where issues have not been framed as yet is not the stage of trial of the suit. 7. Considering all such aspect of the matter I am inclined to allow the instant application under Section 24 of the Code of Civil Procedure. Matrimonial Suit No.526 of 2018 be transferred to the Court of the learned Additional District Judge at Barrackpore, North 24 Parganas for trial and disposal. The learned Additional District Judge, Barrackpore is directed to frame issues and dispose of the suit expeditiously and positively within eight months from the date of receipt of this order. 8. The instant revision is thus disposed of. 9. The learned Additional District Judge, Barrackpore is directed to frame issues and dispose of the suit expeditiously and positively within eight months from the date of receipt of this order. 8. The instant revision is thus disposed of. 9. Let a copy of this order be sent to both the Courts below for information and compliance. 10. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertakings.