BIBEK CHAUDHURI, J. - (1.) This is an application under Section 24 of the Code of Civil Procedure filed by the wife of the petitioner praying for transfer of Matrimonial Suit 50 of 2017 pending before the 1st Court of the learned Additional District Judge at Alipore to any Court of competent jurisdiction at Kalyani in the District of Nadia. For proper adjudication of the instant application following facts are considered to be necessarily recorded :
(2.) Marriage of the petitioner with the opposite party was solemnized on 26th February, 2014. On 4th March, 2014 she was either driven out or left the matrimonial home. The husband/opposite party subsequently instituted a suit for nullity of the said marriage on the ground that the petitioner is suffering from schizophrenia. The said suit was withdrawn with an understanding that the parties would file an application for mutual divorce under Section 13B of the Hindu Marriage Act in a competent Court having jurisdiction to try such matter. It was also agreed upon by and between the parties that the opposite party will pay a sum of Rs.5 lacs to the petitioner before the decree of mutual divorce be passed. It is also undisputed that the opposite party paid a sum of Rs.2.5 lacs to the petitioner and after receiving the said money the petitioner stopped attending the Court. Accordingly, the said proceeding for mutual divorce was dropped on the ground that the statutory period had expired.
(3.) Subsequently, in 2017, opposite party instituted Matrimonial Suit No. 50 of 2017 which is presently pending before the 1st Court of the learned Additional District Judge at Alipore.;