Gouri Debnath vs Sanjoy Debnath

Arindam Lodh, J

Notice has properly been served upon the sole-respondent, who is the husband of the present petitioner.

The petitioner-wife has filed the instant application under Section 24 of the CPC for transferring the case being no. T.S. (Divorce) 03 of 2020 from the court of learned District Judge, South Tripura, Belonia to the court of learned Judge, Family Court, Gomati District, Udaipur, Tripura.

Registry note dated 06.04.2022 reveals that the sole-respondent had received the notice, but, till today he has not entered his appearance before this court.

I have gone through the petition.

The petitioner-wife entered into marriage with the sole-respondent on 29.06.2013. Thereafter, a male child was born out of their wedlock. It is alleged in the petition that due to brutal torture, the petitioner-wife was forced to leave the company of the respondent-husband. The petitioner is a resident of Udaipur under Gomati District. She filed an application under Section 125 Cr.P.C. and the learned Judge, Family Court, Gomati, Udaipur had passed an order directing the respondent-husband to pay Rs. 1,000/- per month to the petitioner-wife and Rs. 500/- to her minor son. In the meantime, the respondent-husband has filed an application for dissolution of their marriage before the learned District Judge, South Tripura Belonia, and the said case was registered as T.S. (Divorce) 03 of 2020.

The petitioner-wife in the instant application has stated that the maintenance granted in favour of her is so meager that it will be very difficult for her to visit the court of learned District Judge, South Tripura, Belonia,. Besides, she has a minor child. The petitioner has also stated in her application that the respondent-husband has not been paying the maintenance allowance, as ordered by the learned Judge, Family Court, Udaipur, Gomati District. So, she has no means to attend the court of learned District Judge, South Tripura, Belonia, to contest the case.

Considering all aspects, I direct the learned District Judge, South Tripura Belonia, to transfer the case being no. T.S (Divorce) 03 of 2020 to the court of learned Judge, Family Court, Gomati, Udaipur, Tripura, immediately.

With the aforesaid direction, the instant application stands allowed and thus disposed.