M/L - 136

18/03/2025 Court. No. 6 S.Kundu C.O. 1770 of 2024 Smt. Poonam Singh Vs.

Sri Amit Kumar Singh Mr. Birendra Kumar Jha, …for the petitioner.

This application under Section 24 of the Code of Civil Procedure is at the instance of the wife praying for transfer of the matrimonial suit presently pending before the learned Additional District Judge, 2nd Court at Serampore to the learned District Judge at Alipore, South 24 Parganas.

In course of the hearing of the application, learned advocate appearing for the petitioner submits that the learned Additional District Judge, 2^nd Court at Serampore lacks jurisdiction to try and entertain the matrimonial suit, in view of the fact that neither the marriage was solemnised within the jurisdiction of the learned Trial Judge nor the parties to the marriage lastly resided together within the jurisdiction of the learned Trial Judge.

He further submits that the respondent in the matrimonial suit/petitioner herein was residing at place outside the jurisdiction of the learned Trial Judge at the time of presentation of the petition under Section 13 of the Hindu Marriage Act. He submits that an application under Section 151 of the Code of Civil Proced