BIBEK CHAUDHURI,J. - (1.) The wife/petitioner has filed the instant application under Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial Suit No.18 of 2019 filed by her husband/opposite party herein from the Court of the learned Additional District Judge, Mekhliganj, Cooch Behar to the Court of the learned District Judge Asansol at Paschim Burdwan.
(2.) It is stated by the petitioner that her marriage was solemnized with the opposite party on 24th July, 2007. In the said wedlock the petitioner gave birth to a female child on 8th October, 2009. After the birth of the female child, the petitioner was subjected to physical torture and mental cruelty by her husband. Failing to bear such physical and mental torture the petitioner was compelled to leave her matrimonial home on 2nd October, 2011 and took shelter to her paternal home at Asansol in the District of Paschim Burdwan. The daughter of the parties is aged about 10 years and she is a student of India International School at Asansol. After receiving summons, the petitioner came to know that the opposite party has instituted Matrimonial Suit No.18 of 2019 in the Court of the learned District Judge, Mekhligang for restitution of conjugal rights. The petitioner has prayed for transfer of the said suit to Asansol on the ground that at her paternal home she resides under the care of her parents who are presently aged about 69 years and 58 years respectively. It is not possible for the petitioner to attend the Court at Mekhligang from Asansol covering a distance of about 65 km alone. It is also not possible for her to leave her daughter at her paternal home under the care of her old parents. Therefore the petitioner has prayed for transferring the said suit to a Court of competent jurisdiction at Asansol.
(3.) The opposite party has been contesting the said application by filing an affidavit-in-opposition. It is stated by the opposite party that he is working as an Assistant Teacher at Goalibari 5th Plan Primary School in the district of Cooch Behar. At the time of their marriage, the petitioner was pursuing her studies and with the encouragement of the opposite party, the petitioner completed her Master's Degree and passed B.Ed examination. Entire expenses for her education was borne by the opposite party. Subsequently, the opposite party noticed a strange change in the behaviour of the petitioner. She used to ill-treat the parents of the opposite party. In 2011 she voluntarily left her matrimonial home with their minor child and began to stay at Asansol. As the opposite party is still willing to live his marital life with the petitioner, he filed a suit for restitution of conjugal rights in the Court of the learned District Judge at Mekhliganj.;