Pika Roy Nee Ghosh vs. Debasish Chandra Roy

Facts

This case involves an application by Smt. Pika Roy nee Ghosh (the petitioner/wife) to transfer Matrimonial Suit No. 107 of 2018 from the 13th Court of the Additional District Judge at Alipore to the Additional District Judge's Court at Barrackpore, North 24 Parganas. The petitioner, who is residing in her parental home at Naihati due to desertion by her husband, has initiated multiple litigations against him, including a Section 125 Cr.P.C. application for maintenance, a suit for restitution of conjugal rights, and a criminal case under Section 498A IPC. The husband, Sri Debasish Chandra Roy (the opposite party), is a government official posted in the GST division in Kolkata. The petitioner cited hardship, harassment, multiplicity of litigations, and financial constraints as reasons for the transfer. The opposite party contended that transferring the case to Barrackpore would cause him inconvenience and adversely affect his service.

Held

The Court held that in cases of this nature, the comparative advantages, disadvantages, and harassment of the parties are of paramount importance. The Court noted that the trial in the matrimonial suit had not commenced, indicating it was not at an advanced stage. Considering the rival submissions and aiming to curtail comparative harassment for both parties, the Court decided that transferring the case to Sealdah Court, which is conveniently located and accessible by various conveyances for both parties, would not cause prejudice. The Court found that Sealdah Court would significantly reduce the comparative harassment for both the petitioner and the opposite party. The Court did not explicitly address the specific arguments regarding Barrackpore Court but instead chose Sealdah Court as a more suitable alternative.

Key Issues

1. Whether the Matrimonial Suit No. 107 of 2018 should be transferred from the court at Alipore to the court at Barrackpore, considering the comparative hardship, inconvenience, and harassment to the parties. The petitioner argued that due to her deserted state, financial constraints, and the need to attend to multiple litigations, including a criminal case and maintenance proceedings, transferring the matrimonial suit to Barrackpore would alleviate her hardship and inconvenience. She highlighted her residence in Naihati and her lack of independent income. The opposite party argued that transferring the case to Barrackpore would cause him significant inconvenience and negatively impact his service as a government official posted in Kolkata. He contended that such a transfer would lead to unnecessary harassment for him.