News

Calcutta HC Dismisses Husband’s Case Switch Plea

Final Up to date: January 03, 2023, 16:54 IST

The single-judge bench noted that in his revision plea, the husband said the case filed by his wife may be transferred to any court, except Burdwan, where the wife was currently residing, which prima facie proved his ill-intention.

The one-judge bench famous that in his revision plea, the husband mentioned the case filed by his spouse could also be transferred to any court docket, besides Burdwan, the place the spouse was at present residing, which prima facie proved his ill-intention.

The husband had prayed earlier than the court docket to switch his spouse’s case for upkeep anyplace, besides the district through which she was residing

The Calcutta Excessive Court docket just lately dismissed a plea moved by a husband to switch the case for upkeep filed by his spouse. The court docket noticed that the husband’s intention prima facie seemed to be solely to harass his spouse.

“Such motive and goal of the husband must be discouraged by the Court docket,” mentioned the bench of Justice Shampa Dutt (Paul).

The one-judge bench famous that in his revision plea, the husband mentioned the case filed by his spouse could also be transferred to any court docket, besides Burdwan, the place the spouse was at present residing, which prima facie proved his ill-intention.

The spouse had filed the case looking for upkeep earlier than the Burdwan Court docket. The husband had challenged its maintainability earlier than the Burdwan Justice of the Peace Court docket on the grounds that being a resident of Kolkata, the spouse couldn’t file an utility exterior its jurisdiction. Nonetheless, the Judicial Justice of the Peace had rejected the husband’s petition.

THE HUSBAND’s PLEA

Earlier than the excessive court docket, in his revision plea, the husband acknowledged that though the spouse had filed a felony case below Part 498A of the Indian Penal Code (IPC) earlier than a police station in Kolkata, she filed the applying below Part 125 of the Prison Process Court docket (CrPC) earlier than the Burdwan Court docket solely to harass him.

He claimed that his spouse who used to select fights with him throughout their conjugal life in Hyderabad and left residence to go dwell together with her dad and mom. He acknowledged that despite all these details and circumstances, as he needed to dwell peacefully together with his spouse, he filed an utility for restitution of conjugal rights earlier than the Metropolis Civil Court docket at Hyderabad, nevertheless, unexpectedly, he acquired discover for an utility below Part 125 of CrPC filed by his spouse earlier than a neighborhood court docket at Burdwan.

The husband additional claimed that Bansdroni, Kolkata was the actual residence of his spouse and her father, however she filed the applying for upkeep in opposition to him with an ulterior motive. He claimed that his spouse needed to place strain on him by submitting a case in Burdwan in order that he would withdraw numerous circumstances that he had filed in opposition to her in Kolkata.

THE WIFE’s PLEA

However, the counsel for the spouse contended that as per her voter ID, the spouse was initially a resident of Burdwan, and subsequently solely she had filed the upkeep case there.

Relating to the case below Part 498A of the IPC filed in Kolkata, the counsel countered that on the time of lodging that case for psychological and bodily cruelty, the spouse was residing in Kolkata, however subsequently she went again to her ancestral residence in Burdwan, from the place it’s handy for her to pursue her case for upkeep which is permissible below the legislation.

The court docket referred to the ruling of the Prime Court docket in Vijay Kumar Prasad vs. State of Bihar & Ors. (2004) regarding jurisdiction when it comes to Part 126 of the CrPC as to the place an utility might be filed.It famous that as per the judgment, Part 126 of the CrPC has basically enlarged the venue of the proceedings for upkeep in order to maneuver the place the place the spouse could also be residing on the date of utility. “…mentioned change was introduced in being attentive to the truth that typically abandoned spouse is compelled to dwell with their family members distant from the place the place the husband and spouse final resided collectively,” the court docket famous.

Learn all of the Latest India News right here

Related posts
News

PM Undertook 21 Journeys Overseas Since 2019, Over Rs 22.76 Cr Spent on These Visits: Govt

Final Up to date: February 02, 2023, 17:53 IST Since 2019, the prime minister has visited Japan…
Read more
News

India vs New Zealand 1st ODI Stay Rating Updates: Shubman Gill Double Ton Guides India To 349/8 vs New Zealand

1st ODI Stay: India might be excessive on confidence after defeating Sri Lanka comprehensively.©…
Read more
News

Mind-eating amoeba: First demise reported in South Korea from Naegleria fowleri an infection | World Information

SEOUL: The primary an infection from Naegleria fowleri, or “brain-eating amoeba,” has…
Read more

Leave a Reply

Your email address will not be published. Required fields are marked *

fifteen + 12 =