JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision is an application for transfer of the proceeding arising out of the complaint in connection with the Case no. C. Case No 209/2018 (T.R NO. 62/2018) dated 28.11.2018 under Sections 448/323/379/427/504/34 of the Indian Penal Code, pending before the Learned Judicial Magistrate. 1st Class, 3rd Court, Katwa, at Purba Bardhaman to the Learned Additional Chief Judicial Magistrate at Durgapur, Paschim Bardhaman or to any other appropriate Court having jurisdiction, in terms of Section 407 of the Criminal Procedure Code.

2. The petitioners submit that the petitioners no. 1, 2 and 3 are aged persons and petitioner no. 4 is the younger daughter of petitioner no. 1 and 2.

3. That, prior to the alleged complaint the wife (elder daughter of the petitioner no 1 & 2) of the complainant/opposite party herein had also filed an application under Section 12 of the Protection of women from Domestic Violence Act, 2005 for reliefs under Sections 17/18/19/20/21/22/23 of the Protection of Women from Domestic Violence Act, 2005, and the same was registered as being Misc. Case No. 406/2015, and the said case was contested by the complainant/opposite party herein. The opposite party also had preferred an Appeal being criminal Appeal No. 01/2017(06/17) challenging the order of the Learned Judicial Magistrate, 4th Court, at Durgapur and the Judge Special cum Additional District and Sessions Judge, Durgapur had also affirmed the order passed by the Learned Judicial Magistrate in Misc. Case No. 406/2015.

4. That, prior to this alleged complaint, the wife (elder daughter of the petitioner no 1 & 2) of the complainant/opposite party herein had also filed a criminal case against the complainant and his family members under Sections 498A/354/354B/307/406/120B/34 of the Indian Penal Code and the same was registered as Durgapur Police Staten Case no. 364/2017 dated 11.06.2017 and the same is pending before the Learned Chief Judicial Magistrate at Durgapur, Paschim Bardhaman and the complainant/opposite party herein is attending the said case at Durgapur.

5. That, the complainant/opposite party herein, had filed another application under Section 13(i) of the Hindu Marriage Act, 1955 being Matrimonial case no. 49 of 2019 against his wife and the same had been filed before the Learned Additional District, judge, at Katwa, Purba Bardhaman.

6. Thereafter, the wife (daughter of the petitioners no. 1 and 2 ) filed an application before this Hon’ble Court under Section 24 of the Code of Civil Procedure for transfer of the aforesaid Matrimonial Suit no. 49 of 2019, from Learned Additional District Judge at Durgapur, Paschim Bardhaman and same was allowed by this Hon’ble Court.

7. The petitioners submit that the petitioners no. 1, 2 and 3 are aged persons and petitioner no. 4 is a newly married woman residing in her matrimonial house and are residents of Durgapur, Paschim Bardhaman, West Bengal, and Katwa Court is situated at a road distance of about 135 Kilometers via National Highway and State Highway from Benachity, Durgapur and takes more than four hours to reach Katwa Court.

8. That the petitioners are facing great difficulty in attending Katwa Court, since the petitioners are resident of Benachity, Durgapur, West Bengal, and on the dates fixed before the Katwa Court, the petitioners are forced and/or bound to travel to Katwa court along with their elder daughter (wife of the complainant herein) and minor grandson aged about 8 (eight) years as the petitioners herein cannot travel alone due to their old age issues and thus it is very difficult for the petitioners either to travel all the way to Katwa Court with their minor grandson and daughter or to keep their minor grandson alone at their residence and travel to Katwa. It is further stated that the petitioner no. 4 has a newborn baby and she is also having great difficulty to travel.

9. Hence the prayer for transfer.

10. In spite of due service there is no representation