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Judgment
This is an application under Section 24 of the Code of Civil Procedure seeking transfer of matrimonial suit, being Mat. Suit No. 27 of 2016 from the
Court of the learned District Judge at Jalpaiguri, to any other suitable Court. In support of the prayer for transfer, the petitioner has contended in this
application that due to mental and physical torture upon her, she has been residing with her parents at Purba Rabindra Nagar, Post Office â€
Rabindra Sarani, Siliguri, Police Station â€" Bhaktinagar, District â€" Jalpaiguri.
The wife petitioner has also submitted before this Court that a proceeding was initiated on her complaint under Section 498A and 307 of the Indian
Penal Code read with Section 3/4 of the Dowry Prohibition Act. Taking into consideration of these facts it is apparent that the wife is unable to
contest the suit pending in the Court of the learned District Judge at Jalpaiguri.
On going though the averments made in this application it further appears that the distance between petitioner’s present place of residence to the
Court where the matrimonial suit is pending is about 45 kilometres for a single journey. This is also an additional difficulty for the petitioner, who
contests the matrimonial suit in the Court of the learned District Judge at Jalpaiguri.
Considering the petitioner’s present place of residence and where the matrimonial suit has been filed by the husband opposite party, I am prima
facie satisfied that if the petitioner is compelled to attend the Court at learned District Judge, Jalpaiguri to pursue the matrimonial suit she will face lot
of hardship.
Accordingly, all further proceeding in matrimonial suit, being Mat. Suit No. 27 of 2016 pending in the Court of learned District Judge, Jalpaiguri, be
stayed for a period of eight weeks from date or until further orders whichever is earlier.
The petitioner is directed to serve copy of this application upon the opposite party within a week under registered cover with acknowledgement due
and to file an affidavit-of-service on the next date of hearing. Let this matter appear four weeks hence as ‘contested application’.
Leave is granted to the petitioner to file supplementary affidavit regarding the name of the Court below where the proceeding under Section 498A and
307 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act is pending. Urgent photostat certified copy of this order, ifapplied for, be
given to the petitioner, on priority basis.