Mamata Das vs Uttam Das

Arindam Lodh, J

Heard Mr. A. Das, learned counsel for the petitioner.

It is submitted that the petitioner herein had served notice upon the respondent on the address mentioned in the divorce application itself filed by the respondent-husband but, the same could not be served.

The process server returned the notice with remark that the respondent was not found in the said address.

Under the General Clauses Act, it would be a deemed service as because the petitioner-wife has taken steps and served notice upon the respondent-husband at the address which he has mentioned in the divorce application.

I have gone through the petition filed by the petitioner-wife for transferring the case being no. T.S. (Divorce) 80 of 2022 pending in the court of learned Additional Judge, Family Court, West Tripura, Agartala to the court of learned Additional District Judge, Kamalpur, Dhalai, Tripura.

It is stated in the petition that the petitioner-wife had been driven out from her matrimonial home with two kids on 30.02.2007. The petitioner has stated that being a helpless woman it is not possible on her part to attend the proceeding before the court of learned Additional Judge, Family Court, West Tripura, Agartala, as she is a resident of Kamalpur.

Considering the entire facts of the case, I deem it fit to transfer the case being no. T.S.(Divorce) 80 of 2022 from the court of learned Additional Judge, Family Court, West Tripura, Agartala to the court of learned Additional District Judge, Kamalpur, Dhalai, Tripura.

The learned Additional Judge, Family Court, West Tripura, is directed to transmit the case record of case no. T.S. (Divorce) 80 of 2022 to the court of learned Additional District Judge, Kamalpur, Dhalai, Tripura, immediately, for further proceeding.

With the above observation and directions, the instant application stands allowed and disposed. Pending application(s), if any, also stands disposed.