Bibek Chaudhuri, J. - (1.) The wife/petitioner has prayed for transfer of Matrimonial Suit No.161 of 2019 from the Court of the learned Principal Judge, Family Court at Kolkata to the Court of the learned Additional District Judge, Arambagh at Hooghly on the following grounds:- (i) The petitioner was driven away from her matrimonial home by her husband. (ii) She is now residing at her paternal home at Arambagh along with her minor female child who was born in the wedlock to the petitioner and the opposite party on 2nd June, 2014. (iii) The petitioner filed two cases - one under Section 498A /406 I.P.C. against the opposite party and the other matrimonial relations which is now pending before the learned A.C.J.M. at Arambagh. (iv) The petitioner also filed an application under Section 125 of the Code of Criminal Procedure praying maintenance for herself and her minor child and it was disposed of by the learned Judicial Magistrate at Arambagh. However, the petitioner is irregular in payment of maintenance allowance.
(2.) Since the petitioner is having a minor child, it would be difficult for her to travel a distance approximately about 100 kilometres from Arambagh to Kolkata to contest the suit. So, is the instant application for transfer of the said suit.
(3.) The opposite party has filed affidavit-in-opposition denying all allegations made in the application. It is specifically pleaded by the opposite party that the petitioner left her matrimonial home on her own accord and she was never treated with cruelty as alleged. The petitioner went on filing criminal cases one after another against the opposite party and this cannot be a ground for transfer of matrimonial suit from the Court of the learned Principal Judge, Family Court at Arambagh. Thirdly, the opposite party has also some obligation towards his parents and other relations and he will suffer some inconvenience if the matrimonial suit is transferred to Arambagh. I have heard learned advocates for the petitioner and the opposite party.;