AI Structured Summary
Not yet generated for this judgment
Judgment
B.N. Srikrishna, J.—This is the usual dispute between husband and wife. (Unfortunately, in these cases at hand, the husband is 77 years old and stricken with Alzheimer's disease, and the wife is 56 years old!).
Transfer Petition (Civil) No. 498/2005 is filed by the wife- Mrs. Perin Prabir Roy. There are matrimonial proceedings pending in the Family Court at Bandra, Bombay, State of Maharashtra being M.J. Petition No. A-775/2005 titled Prabir Roy v. Perin Prabir Roy, which the Petitioner-wife seeks to be transferred to a Court having competent jurisdiction in Ahmedabad, State of Gujarat on the ground that she is a single lady facing acute financial hardship and it would be impossible for her to travel to Bombay, State of Maharashtra from Ahmedabad, State of Gujarat.
Transfer Petition (Civil) No. 1114/2005 is filed by the husband seeking transfer of M.J. Petition No. A-775/2005 titled Prabir Roy v. Perin Prabir Roy pending in the Family Court at Bandra, Bombay, State of Maharashtra to the Court of the learned District Judge at Alipore, South 24-Paraganas, State of West Bengal on the ground that he is old, stricken with Alzheimer's disease and with some other medical problems.
Transfer Petition (Criminal) 457/2005 is filed by the husband seeking transfer of criminal case instituted against him u/s 125 of the Code of Criminal Procedure, 1973 at the instance of the wife, being Misc. Criminal Application No. 1034/2005 titled Mrs. Perin Prabir Roy v. Prabir Roy pending in Family Court No. 4 at Ahmedabad to a competent Court of the learned District Judge at Kolkata in West Bengal.
We have heard the learned Counsel for both sides. We have also apprised ourselves of the delicate health and advance age of the parties. Mr. Santanu Mukherjee, the learned Counsel appearing for the husband in Transfer Petition (Civil) No. 498/2005, offers that his client would be willing to bear the reasonable expenses of the wife, alongwith one companion, to travel to Kolkata and the staying expenses as long as required to appear before the competent Court at Alipore, South 24-Parganas, if all these cases are transferred to it. We think that the request is reasonable and should be granted.
Accordingly, M.J. Petition No. A-775/2005 titled "Prabir Roy v. Perin Prabir Roy" pending in the Family Court at Bandra, Bombay, State of Maharashtra and Misc. Criminal Application No. 1034/2005 titled Mrs. Perin Prabir Roy v. Prabir Roy pending in Family Court No. 4 at Ahmedabad are transferred to the Court of District Judge at Alipore, South 24-Parganas, State of West Bengal. The District Judge at Alipore, South 24-Parganas shall either take up the hearing by himself or assign them to an appropriate Court within his jurisdiction.
The Respondent-husband Prabir Roy shall pay reasonable expenses for travel to and fro of wife- Mrs. Perin Prabir Roy and one companion from Ahmedabad to Kolkata for the conduct of the cases transferred to Alipore, South 24-Parganas together with their staying expenses at Kolkata. The District Judge at Alipore, South 24-Parganas shall make appropriate order directing the husband-Prabir Roy to deposit the amount in advance of each date of hearing and pay it over to the wife- Mrs. Perin Prabir Roy.
All these Transfer Petitions are disposed of by this order.
Petitions disposed of.