SRABANI MUKHERJEE NEE DHAR Vs. SUDIP MUKHERJEE

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure (hereafter the C.P.C.) filed by the wife/petitioner praying for transfer of Matrimonial Suit No. 532 of 2017 filed by the opposite party/husband for dissolution of marriage by decree for divorce from the 5th Court of the learned Additional District Judge, Howrah to the Court of the learned District Judge, Alipore, South 24-Parganas.

(2.) It is stated by the petitioner that her marriage with the opposite party was solemnized on 2nd June, 2010 according to Hindu Rights and Customs. After marriage she was not properly treated at her matrimonial home. She was subjected to mental torture and physical cruelty by her husband and other matrimonial relations. Ultimately, on 16th October, 2014 the petitioner was driven out from her matrimonial home. After being driven out she took shelter at her paternal home within P.S. - Lake Gardens.

(3.) The petitioner has prayed for transfer of the aforesaid matrimonial suit on the ground that there is no other person to help her in pursuing the said suit. She will have to cover a long distance from Lake Gardens to Howrah to contest the said suit. Moreover, the petitioner instituted a proceeding under Section 125 of the Code of Criminal Procedure at Alipore. The opposite party entered appearance in the said proceeding and he is contesting the said case. Therefore, the opposite party will not face any problem if the matrimonial suit is transferred to a Court of competent jurisdiction at Alipore.