The convenience of the parties and the ends of justice should be considered while deciding an application for transfer of a suit.

Ashis Kumar Charkraborty, J. - In this application under section 24 of the Code of Civil Procedure the petitioner wife has prayed for, transfer of the matrimonial suit filed by the opposite party husband, claiming a decree for dissolution of marriage and pending before the Court of the learned 7th Additional District Judge, Alipore to the Court of the learned District and Sessions Judge, Paschim Medinipore.

2. On March 1, 2016 this Court directed the petitioner to serve a copy of this application on the opposite party. On April 5, 2016 when this application was taken up for hearing, an affidavit of service was filed on behalf of the petitioner stating that a copy of the application as was forwarded to the opposite party at his address mentioned at himself in the plaint filed in the matrimonial suit was returned by the postal authority with an endorsement "insufficient address". Being prima facie satisfied with the grounds urged by the petitioner in this application on April 5, 2016 this Court passed an interim order directing stay of all further proceedings in the matrimonial suit pending before the learned Court below till May 6, 2016. The petitioner was directed to serve a copy of this application on the learned advocate representing the opposite party in the matrimonial suit before the Court below.

3. On April 27, 2016 when the application was taken up for hearing it was found that a copy of the application and the order passed by this Court forwarded to the learned advocate of the opposite party before the learned Court below was returned by the postal authority with an endorsement "delivery attempted – misspent". The petitioner was directed to communicate the order passed by this Court to the learned advocate representing the opposite party before the learned Court below by way of personal service.

4. On May 11, 2016 when the application was taken up for hearing, the learned advocate appeared for the opposite party and prayed for an opportunity to file an affidavit in opposition to this application. Today this application is taken up for hearing after completion of all pleadings by the respective parties.

5. It is the case of the petitioner that after being compelled to leave the matrimonial home, she is presently residing at Kharagpur and she is facing great hardship to contest the matrimonial suit before the Court of the learned 7th Additional District Judge, Alipore, District : South 24 Parganas by travelling the long distance between Kharagpur and the learned Court at Alipore. The proceeding filed by the petitioner against the opposite party under section 125 of the Code of Criminal Procedure, 1973 and Section 23(2) of the Protection of Women from Domestic Violence Act are pending before the Court of the learned Chief Judicial Magistrate, Paschim Medinipore and the learned Judicial Magistrate, 3rd Court, Paschim Medinipore and the opposite party is contesting both the said proceedings before the learned Courts at Paschim Medinipore.

6. Relying on the decision of the Supreme Court in the case of Tejalben v. Mihirbhai Bharatbhai Kothari, reported in AIR 2016 SC 718 Mr. Shantanu Mukherjee, learned counsel appearing for the petitioner submitted that in addition to the hardship faced by the petitioner to contest the matrimonial suit before the Court of the learned 7th Additional District Judge, Alipore by travelling the long distance from her residence at Kharagpur, since the proceeding under section 125 of the Code of Criminal Procedure as also the proceeding under the Protection of Women from Domestic Violence Act, against the opposite party are pending before the learned Courts at Paschim Medinipore, it is a fit case that the matrimonial suit should be transferred from the Court of the learned 7th Additional District Judge, Alipore to the Court of the learned District Judge, Paschim Medinipore.

7. However, Mr. S.P. Mukherjee, learned counsel appearing for the opposite party, submitted that opposite party is employe