Rakhi Banerjee Vs.
Subhankar Mukherjee  INSC 1960 (17 November 2008)
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.627 OF 2007
Rakhi Banerjee .... Petitioner Versus Subhankar Mukherjee .... Respondent ORDER
Dalveer Bhandari, J.
transfer petition has been moved by the petitioner with the prayer that Civil
Suit No.527 of 2007 filed by the respondent for damages before the High Court
of Judicature at Madras be transferred to the High Court of Calcutta.
to the petitioner, the marriage between the parties took place and was
registered on 2nd March 2005. The boubhat ceremony was held on 17th June, 2005
in West Bengal.
respondent had taken the petitioner to Chennai immediately after their
marriage. There was serious problem in the marriage between the petitioner and
the respondent from the very inception. According to the petitioner, during her
stay at Chennai, she was subjected to cruelty and torture.
to the version of the petitioner, the respondent used to utter that the status
and educational qualification of the petitioner did not match with the
respondent and as such she should bring Rs.5 lakhs from her parents as dowry.
The parents of the petitioner on learning about harassment and humiliation had
rushed to Chennai on 21.10.2005. According to the petitioner, even her parents
were also ill-treated, threatened and abused with filthy languages by the
male child was born out of this wedlock on 17.11.2005. Even thereafter the
respondent severally tortured and assaulted the petitioner both mentally and
physically. Ultimately, she left her matrimonial home on 28.08.2006 and came
back to her parents' house along with her small child at 3 Burdwan, West Bengal.
respondent filed a suit under section 11 of the Hindu Marriage Act, 1955 before
the Family Court at Madras for declaration that the marriage between the
petitioner and the respondent be declared null and void. This case was
transferred by this Court to the District Judge, Burdwan, West Bengal by order
respondent filed an anticipatory bail application before the High Court of
Judicature at Bombay being Criminal Application No.393 of 2007 and on
consideration of the complaint filed by the petitioner before the Burdwan
police station being Crime No.759 of 2006 under sections 498-A/506
(II)/406/120-B/420 IPC, the High Court was pleased to grant conditional bail to
the respondent and directed to approach the concerned Court at Burdwan, West
Bengal for seeking relief as per law.
respondent filed a Civil Suit No.527 of 2007 before the High Court of
Judicature at Madras in which it was prayed that the petitioner be directed to
pay a sum of Rs.15 lakhs as 4 damages for causing emotional pain and
suffering, loss of companionship, loss of enjoyment of life, and for direct and
consequential losses to the respondent.
petitioner has prayed that all other proceedings are pending within the
jurisdiction of the High Court of Calcutta.
Only this suit
bearing no.527 of 2007 is pending in the jurisdiction of High Court of Madras.
The petitioner has prayed that this suit may be transferred from the High Court
of Madras to the Calcutta High Court because of the following grounds:
a. The petitioner is
having a small child and it is extremely difficult for her to travel with a
small child to attend the case at Chennai;
b. The petitioner has no
source of income and she is staying with her retired parents;
c. All cases between the
parties are pending within the jurisdiction of High Court of Calcutta where the
respondent is otherwise 5 attending those cases at Kolkata;
d. The respondent has
now been transferred to Mumbai. As far as the respondent is concerned, it
hardly matters for him whether he travels to Chennai or Kolkata to attend the
case whereas it is extremely difficult for the petitioner to travel to Chennai
to attend the case particularly when she is totally unemployed and dependant on
her retired parents.
comprehensive counter affidavit has been filed by the respondent. In the
counter affidavit, the allegations leveled against the respondent have been
denied but the factum of their marriage and child born out of the wedlock is
It is also not
disputed that the petitioner is residing in Kolkata with parents. It is also
not denied that the four cases between the parties are pending within the
jurisdiction of High Court of Calcutta. It is further not denied that the
respondent has now been transferred to Mumbai and he is attending other cases
6 filed against him in Kolkata.
this stage, we would not like to examine the veracity of the allegations
leveled by the parties against each other.
have heard the learned counsel for the parties. The admitted facts are that the
petitioner is unemployed and has a small child and living with her retired
parents. Four other cases are already pending within the jurisdiction of the
Calcutta High Court. The respondent has now been transferred from Chennai to
consideration of the totality of the facts and circumstances and in the
interest of justice, we deem it appropriate to transfer Civil Suit No.527 of
2007 titled as `Subhankar Mukherjee v. Rakhi Banerjee' pending in the High
Court of Madras to the High Court of Calcutta. We order accordingly.
transfer petition is accordingly allowed and disposed of.
(Harjit Singh Bedi)