Banani Basu (Saha) vs Sanjib Kumar Saha

Bibek Chaudhuri, J

In the instant matter the opposite party duly entered appearance. A Co-ordinate Bench of this Court initially found that there was a chance of

settlement of the dispute between the parties. Accordingly, the matter was sent to the High Court Mediation Centre. Both the parties appeared before

the Hon’ble Mediator but in spite of several attempts, no settlement was arrived at. Since this opposite party is absenting himself to contest the

instant proceeding under Section 24 of the Code of Civil Procedure, the application is taken up for disposal ex parte.

This is an application under Section 24 of the Code of Civil Procedure filed by the wife/petitioner praying for transfer of the Matrimonial Suit No. 606

of 2010 pending before the learned Additional District Judge at Paschim Medinipur to any Court of competent jurisdiction at Barasat or Barrackpore

in the district of North 24 Parganas.

On perusal of the application it is found that marriage between the parties was solemnized long back on 26th July, 2009. The parties stayed together till

July, 2009 as husband and wife. Then the petitioner was driven out and the opposite party filed Mat. Suit No.606 of 2010 for dissolution of marriage by

a decree of divorce in the Court of the learned Additional District Judge, Paschim Medinipur. The petitioner entered appearance in the said suit and

filed written statement challenging the jurisdiction of the Court under Section 13 of the Hindu Marriage Act contending, inter alia, that their marriage

was solemnized under Special Marriage Act. It is submitted by the learned advocate for the petitioner that the said matrimonial suit is now pending at

the stage of peremptory hearing. The evidence of petitioner is concluded even. In Krishna Nigam versus Harish Nigam reported in AIR 2017 SC

1345, it is held by the Hon’ble Supreme Court that where a suit has already been proceeded with towards its culmination and the evidence of the

parties is recorded, it is not desirable for the Court to transfer the suit from the Court of trial.

Following the principle as laid down by the Hon’ble Supreme Court in the above-mentioned case, I am not inclined to allow the instant application

under Section 24 of the Code of Civil Procedure.

The application is thus rejected ex parte, however, without costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertakings.