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Judgment
Heard Mr. S Debnath, learned counsel appearing for the petitioner as well as Mr. T Saha, learned counsel appearing for the sole respondent.
This is a petition under Section 24 of the CPC for transferring the case being T.S.(DIV) 416/2020 pending in the court of the Judge, Family Court, Agartala, West Tripura to the court of the Judge, Family Court, Udaipur, Gomati District.
It appears that between the parties there exists some matrimonial disputes leading to filing of the suit seeking divorce by the respondent.
It has been asserted in this application that the petitioner herein, the respondent in the suit, is now permanently living in Udaipur. She is finding serious difficulty in attending the court proceeding from Udaipur to Agartala as there is none in the family to escort her in the journey. That apart, she is posted as a teacher at Garjanmura Khastilla S.B. School.
Mr. Debnath, learned counsel has submitted that the respondent will not find any difficulty to attend the proceeding at Udaipur. However, Mr. Saha, learned counsel has raised seriously objection against the transfer. He has submitted that presently the respondent is stationed at Khowai. It will be quite difficult for him to attend the proceeding at Udaipur if this case is transferred to the court of the Judge, Family Court, Udaipur. Since the permanent residence of the petitioner is at Kakraban, the court of the Judge, Family Court, Udaipur has got jurisdiction to try the said proceeding.
Having considered the difficulties of the petitioner, this court is of the view that the said case being T.S.(DIV) 416/2020 be transferred to the court of the Judge, Family Court, Udaipur forthwith.
The parties shall appear in the court of the Judge, Family Court, Udaipur, Gomati on 30.04.2021. On that day, the petitioner, who is the respondent in the suit, shall file the reply without seeking further accommodation. This is one of the conditions of transferring the suit to the court of the Judge, Family Court, Udaipur.
Within 4(four) months from 30.04.2021, this proceeding be brought to an end, and on considering this deadline, the dates are to be appointed by the Judge, Family Court, Udaipur, Gomati.
In terms of the above, this petition stands allowed.
No order as to costs.
The Judge, Family court, Agartala, West Tripura is directed to transmit the records by a special messenger to the court of the Judge, Family Court, Udaipur, Gomati considering the next date fixed on 30.04.2021.