Bibek Chaudhuri,J. - (1.) Affidavit of service filed on behalf of the petitioner be kept with the record.
(2.) The wife of the petitioner filed an application under Section 24 of the Code of Civil Procedure (hereafter CPC) praying for transfer of Matrimonial Suit No. 34/18 from the Court of the learned District Judge, Hooghly at Chinsurah to the Court of the learned District Judge, South 24 Parganas at Alipore.
(3.) The marriage between the parties was solemnized on 26.02.2014 under the Special Marriage Act. The husband/opposite party is a resident of Balagarh within the District of Hooghly. Accordingly, after marriage, the petitioner went to her matrimonial home at Balagarh to lead conjugal life with the opposite party. However, her marital life was not happy. According to the petitioner, she was subjected to physical and mental torture on illegal demand of dowry. Finally, she was driven out from her matrimonial home by the opposite party. Subsequently, she received summons of Matrimonial Suit No. 34/18 and came to know that the opposite party/husband has filed the above-mentioned suit for dissolution of marriage by decree of divorce in the Court of the learned District Judge, Hooghly. It is the contention of the petitioner that after being driven out from her matrimonial home, she took shelter at her paternal home at Naktala within the jurisdiction of the learned District Judge, South 24 Parganas at Alipore. Distance between Naktala and Chinsurah in the District of Hooghly is about 80 K.M. in one way. Therefore, the petitioner has to travel about 160 K.M. per day on the date when the hearing of the Matrimonial suit is fixed to contest the suit. As the petitioner has no source of income, she filed an application under Section 125 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas praying for maintenance allowance against the opposite party/husband. ;