Research › Search › Judgment

Calcutta High Court · body

2022 DIGILAW 520 (CAL)

Nimita Guha v. Pintu Guha

2022-04-06

KESANG DOMA BHUTIA

body2022
JUDGMENT : 1. None appears on behalf of the petitioner when the matter is called on. 2. On the other hand, Mr. Supratik Basu, learned advocate appears for the opposite party. 3. The application under Section 24 of the Code of Civil Procedure is taken up for hearing. 4. By filing the application under Section 24 of the Code of Civil Procedure, the petitioner/wife has prayed for transfer of Mat Suit No. 1579 of 2018 filed by the husband/opposite party under Section 27 of the Special Marriage Act, 1954 for divorce from the Court of learned Additional District and Sessions Judge, Fast Track Court No. 1 Barasat, North 24 Parganas to the Court of learned Additional District Judge(I) at Sealdah, South 24 Parganas under which jurisdiction the wife/petitioner at present resides. 5. It has been contended by the learned advocate for the opposite party that the petitioner/wife has filed number of cases against the opposite party/husband. The petitioner/wife has filed a case under Sections 406/325/506 of Indian Penal Code and which has been registered as Madhyamgram P. S. Case No. 346 dated 29.06.2017. In such case, charges have already been framed and the trial has already started. Such case is pending before the learned Chief Judicial Magistrate at Barasat. 6. The learned advocate for the opposite party/husband also submits that the petitioner/wife has filed another case under Section 12 of the Domestic Violence Act, which is pending before the 20th Court of learned Metropolitan Magistrate at Kolkata. She has also filed another case under Section 125 of the Code of Criminal Procedure, which is pending before the learned Judicial Magistrate, 3rd Court at Sealdah. 7. The learned advocate for the opposite party/husband further submits that the opposite party/husband is physically handicapped as he has suffered from cerebral attack due to which, one part of his body is totally paralysed and not able to move. He is also an ordinary resident of Barasat. Therefore, he prays for rejection of the application for transfer filed by the wife/petitioner. 8. Prima facie, it is seen that there are two cases pending against the husband, one in the 20th Court of learned Metropolitan Magistrate at Kolkata under the Domestic Violence Act and another case under Section 125 of the Code of Criminal Procedure in the Court of learned Judicial Magistrate, 3rd Court at Sealdah where the appearance of the opposite party/husband is inevitable. 9. 9. It is true that another case being Madhyamgram P.S. Case No. 346 is pending against the husband in Barasat where there is no need for the wife to attend the Court except on the day/ days fixed for her oral evidence before the trial Court. 10. In view of such facts and considering the convenience and inconvenience of the parties, the prayer for transfer is justified and allowed as no medical certificate issued by Medical Board to prove physical disability of the husband has been furnished. 11. Let the Mat Suit No. 1579 of 2018 be withdrawn from the Court of learned Additional District and Sessions Judge, Fast Track Court No. 1, Barasat, North 24 Parganas and be transferred to the Court of learned Additional District Judge (I) at Sealdah, South 24 Parganas. 12. The learned Additional District and Sessions Judge, Fast Track Court No. 1, Barasat, North 24 Parganas shall transfer the records of Mat Suit No. 1579 of 2018 to the Court of learned Additional District Judge (I) at Sealdah, South 24 Parganas within a period of 30 days from the date of communication of this order. 13. The parties shall appear before the Court of learned Additional District Judge (I) at Sealdah, South 24 Parganas on 02.05.2022 irrespective of transfer of the records of the said matrimonial suit but only on the basis of sever copy of this order. 14. The learned Additional District Judge (I) at Sealdah, South 24 Parganas, shall act on such communication. 15. The transferee Court shall proceed to dispose of the said suit from the stage at which it has already reached. 16. The transferee Court is further requested to expedite disposal of the said matrimonial suit in accordance with law. 17. Accordingly, C.O. 3711 of 2018 is disposed of. 18. Interim order, if any, stands vacated. 19. Connected applications, if any, also stand disposed of. 20. There shall be no order as to costs. 21. Parties shall act on the server copy of this order duly downloaded from the official website of this Court. 22. Urgent photostat certified copy of this order, be applied for, be given to the parties, upon compliance of all formalities.