Smt. Rita Barua Vs. Shri Sidhartha Barua
EmailAppeal: Transfer Petition (C) Nos. 258-259 of 1997
Transfer Petition (C) Nos. 785-786 of 1998
Petitioner: Smt. Rita Barua
Respondent: Shri Sidhartha Barua
Apeal: Transfer Petition (C) Nos. 258-259 of 1997
Transfer Petition (C) Nos. 785-786 of 1998
Judges: R.C. LAHOTI & S.N. VARIAVA, JJ.
Date of Judgment: Mar 16, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Criminal cases at the instance of wife at Alipore, West Bengal- Subsequent thereto, husband filing criminal case, petition for divorce and petition for custody of child in various courts at Dibrugarh, Assam. Held all petitions at Dibrugarh should be transferred to Alipore. (Para 6)
JUDGEMENT:
ORDER
1. This order will dispose of Transfer Petition (C) Nos. 258-259 of 1997 and 785-786 of 1998. Both petitions have been filed by the petitioner-wife.
2. Marriage between the parties was solemnised on 11th May, 1987 and a male child was out of this wedlock who is stated to be about six years old. Relations between the parties got strained and the petitioner filed a Criminal Case against the Respondent and her in-laws alleging offences under Section 498A/342/34 I.P.C. That case is pending before the learned S.D.J.M., Ali-pore. The Petitioner has also filed a petition under Sec-tion 125 Cr. P.C. seeking maintenance and that petition is also stated to be pending in the Court of the learned Judicial Magis-trate, Alipore. Subsequent to the filing of these petitions the Respondent filed a complaint case being Crl. Case No. 2387 of 1992 at Dibrugarh against the Petitioner-wife. He has also filed a peti-tion seeking divorce from the Petitioner under Section 13(1)(ib) of the Hindu Marriage Act, which is pending in the Court of Additional District Judge, Dibrugarh. Besides, a Misc. Case No. 26 of 1993 has also been filed by the respondent against the peti-tioner in connection with the custody of the child, which is pending before the learned District Judge at Dibrugarh.
3. Through the medium of these petitions, the petitioner-wife seeks transfer of all the three cases filed by the Respondent-husband, which are pending in different Courts at Dibrugarh, Assam.
4. Counters have been filed.
5. After hearing learned Counsel for the parties, but without expressing any opinion either on the merits of the controversy or the allegations made in the Transfer Petitions, which have been denied in the counter affidavit, it appears appropriate to us to withdraw the cases filed by the Respondent-husband, from the different Courts at Dibrugarh, Assam transfer the same to the Court of learned District and Sessions Judge, Alipore.
6. The following cases:
(1) Misc, Case No. 26/93 titled Sidhartha Barua v. Rita Barua pending before the District Judge Dibrugarh:
(2) Complaint Case No.C.2387/92 titled Sidhartha Barua v. Rita Barua pending before the Judicial Magistrate, Dibrugarh: and
(3) Divorce proceedings being T.D.S No. 45 of 195 titled Sidhartha Barua v. Rita Barua. pending before the District Judge, Dibru-garh:
are withdrawn from the respective courts where the same are pending and transferred to the learned District and Sessions Judge, Alipore, who may either hear the case himself or assign them to a Court of competent jurisdiction under him.
7. The record of the cases shall be sent by the above-mentioned Courts at Dibrugarh to the transferee Court without any delay. The transferee Court shall
issue notice to the parties and expe-ditiously dispose of the matters.
8. During the pendency of proceedings in this Court, efforts were made for reconciliation between the parties. Those efforts, however did not yield any results. The transferee Court may explore the possibility of reconciliation.
9. All the transfer petitions are, accordingly, allowed. No costs.
1. This order will dispose of Transfer Petition (C) Nos. 258-259 of 1997 and 785-786 of 1998. Both petitions have been filed by the petitioner-wife.
2. Marriage between the parties was solemnised on 11th May, 1987 and a male child was out of this wedlock who is stated to be about six years old. Relations between the parties got strained and the petitioner filed a Criminal Case against the Respondent and her in-laws alleging offences under Section 498A/342/34 I.P.C. That case is pending before the learned S.D.J.M., Ali-pore. The Petitioner has also filed a petition under Sec-tion 125 Cr. P.C. seeking maintenance and that petition is also stated to be pending in the Court of the learned Judicial Magis-trate, Alipore. Subsequent to the filing of these petitions the Respondent filed a complaint case being Crl. Case No. 2387 of 1992 at Dibrugarh against the Petitioner-wife. He has also filed a peti-tion seeking divorce from the Petitioner under Section 13(1)(ib) of the Hindu Marriage Act, which is pending in the Court of Additional District Judge, Dibrugarh. Besides, a Misc. Case No. 26 of 1993 has also been filed by the respondent against the peti-tioner in connection with the custody of the child, which is pending before the learned District Judge at Dibrugarh.
3. Through the medium of these petitions, the petitioner-wife seeks transfer of all the three cases filed by the Respondent-husband, which are pending in different Courts at Dibrugarh, Assam.
4. Counters have been filed.
5. After hearing learned Counsel for the parties, but without expressing any opinion either on the merits of the controversy or the allegations made in the Transfer Petitions, which have been denied in the counter affidavit, it appears appropriate to us to withdraw the cases filed by the Respondent-husband, from the different Courts at Dibrugarh, Assam transfer the same to the Court of learned District and Sessions Judge, Alipore.
6. The following cases:
(1) Misc, Case No. 26/93 titled Sidhartha Barua v. Rita Barua pending before the District Judge Dibrugarh:
(2) Complaint Case No.C.2387/92 titled Sidhartha Barua v. Rita Barua pending before the Judicial Magistrate, Dibrugarh: and
(3) Divorce proceedings being T.D.S No. 45 of 195 titled Sidhartha Barua v. Rita Barua. pending before the District Judge, Dibru-garh:
are withdrawn from the respective courts where the same are pending and transferred to the learned District and Sessions Judge, Alipore, who may either hear the case himself or assign them to a Court of competent jurisdiction under him.
7. The record of the cases shall be sent by the above-mentioned Courts at Dibrugarh to the transferee Court without any delay. The transferee Court shall
issue notice to the parties and expe-ditiously dispose of the matters.
8. During the pendency of proceedings in this Court, efforts were made for reconciliation between the parties. Those efforts, however did not yield any results. The transferee Court may explore the possibility of reconciliation.
9. All the transfer petitions are, accordingly, allowed. No costs.
