The Tripura High Court dismissed a petition praying for the transfer of two cases and observes that it is a settled proposition of law that comparative hardships of the parties have to be examined and more particularly the convenience of the women and children has to be looked into while ordering the transfer of a matrimonial case from one court to another.
Brief Facts:
The petitioner seeks to transfer two cases: one is the petition under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights filed by the petitioner against his wife Smt. Nipa Das Baishnab and second is the divorce proceeding instituted against the petitioner by his wife.
The petitioner Dr. Debabrata Das and Smt. Nipa Das Baishnab got married on 14.02.2009. Their daughter Debanita Das was born on 17.07.2012. They got separated in the year 2014 due to matrimonial discord.
Contentions of the Petitioner:
The Petitioner has sought for transfer of these cases from Family Court, Agartala to Family Court, Belonia mainly on the ground that the Family Court at Belonia is nearer to his home. It is also contended by the petitioner that he has his dependent parents, grandparents, and other dependent family members at home. It would be quite difficult for him to undertake frequent journeys between Baikhora and Agartala leaving his old and ailing parents alone at home.
Contentions of the Respondent:
The Learned Counsel for the Respondent opposed the petition contending that the respondent cannot move leaving her 10-year-old daughter at home. According to learned counsel, she does not have any relative at Belonia who can take care of her daughter to enable her to attend the court proceedings at Belonia. Even though the distance between Belonia and Sabroom is lesser than the distance between Sabroom and Agartala, it is more convenient for her to attend the court proceedings in the Family Court at Agartala.
Observation of the Court
The Court observed that it is a settled proposition of law that comparative hardships of the parties have to be examined and more particularly the convenience of the women and children has to be looked into while ordering the transfer of a matrimonial case from one court to another.
Further, the Court observed that the facts and circumstances of the cases clearly indicate that the respondent wife shall face greater hardship to attend the court proceedings at Belonia.
The decision of the Court:
The Tripura High Court dismissed the petition, given its observation that the respondent wife shall face greater hardship to attend the court proceedings at Belonia.
Case Title: Dr. Debabrata Das v. Smt. Nipa Das Baishnab
Coram: Hon’ble Mr. Justice S.G. Chattopadhyay
Case no.: Tr.P(C) No. 20 of 2022 ALONG WITH Tr.P(C) No. 21 of 2022
Advocate for the Petitioner: Mr. A. Baidya, Adv.
Advocate for the Respondents: Mr. V. Ghosh, Adv. and Ms. D. Das (Kilikdar), Adv.
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