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SHAMPA DUTT (PAUL)
Sikha Saha Gupta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for transfer of G.R. Case No. 1084 of 2018 arising out of Jaigoan Police Station Case No. 129 of 2018 under Section 498A of Indian Penal Code r/w Section 4 of Dowry Prohibition Act from the file of the Learned Additional Chief Judicial Magistrate, Alipurduar, to any other competent Magisterial Court within the jurisdiction of the Learned Chief Judicial Magistrate, Malda.
2. The petitioner’s case is that the petitioner is the wife of the opposite party No. 2 herein and daughter in law of the opposite party Nos. 3 and 4 and sister in law of the opposite party nos. 5, 6 and 7.
3. That it is an admitted fact that the opposite parties are residents of Uttar Dewketa Toll, P.O. & P.S. Jaigoan, District-Alipurduar, PIN – 735182.
4. On the basis of a written complaint filed by the petitioner, Jaigoan Police Station Case No. 129 of 2018 under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act was started against the opposite parties.
5. That initially a complaint was lodged at the English Bazar Women’s Police Station on 22.06.2018 being English Bazar Women’s Police Station Case No. 00 o
The court prioritizes the convenience of the wife in transfer applications for matrimonial cases while requiring a balanced consideration of both parties' circumstances.
Videoconferencing in matrimonial disputes is not permissible at the reconciliation stage; it can only occur post-failure of reconciliation with mutual consent.
The convenience of the wife is paramount in matrimonial cases, necessitating the transfer of proceedings to ensure cohesive judicial handling of interrelated family matters.
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
The court emphasized the necessity of specific allegations in Section 498A IPC cases to prevent misuse and quashed proceedings lacking prima facie evidence.
In matrimonial matters, the convenience of the wife is crucial for transfer petitions and related proceedings involving common questions of fact and law should be consolidated.
Rule 3(1) of the Video Linkage Rules makes it clear that the electronic video linkage facility can be used at every stage of the judicial proceedings. Rule 8(9) allays apprehension of the parties abo....
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