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Judgments of Supreme Court of India and High Courts

Smt. Sharmistha Sinha vs Sri Bibhash Sinha on 18 November, 2019

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TRP(C) No.27 of 2019

Smt. Sharmistha Sinha ……..Petitioner(s)


Sri Bibhash Sinha ……..Respondent(s)

For Petitioner(s) : Mr. K. Datta, Advocate.

For Respondent(s) : None.




A divorce petition being T.S.(DIV) No.58 of 2019 has been

filed by the respondent-husband in the Family Court, North

Tripura, Dharmanagar. It is not in dispute that the said Court has

the jurisdiction to entertain the said family suit. However, the

petitioner seeks transfer on the grounds of her health, lack of

financial resources to defend herself and on the ground that the

husband is an influential person.

Perusal of the petition would show that no specific details of

any illness of the petitioner are given by her. Counsel for the

petitioner stated that she is aged about 25 years of age. In

absence of any further details, the ground of illness cannot be

readily accepted. The distance between the Family Court at

Dharmanagar, North Tripura and Kamalpur, Unakoti Tripura is

stated to be about 80 kms which cannot be stated to be non-

negotiable. Surely, if the petitioner does not have sufficient
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means to defend herself before the Family Court and if the

husband has proper resources, the petitioner can always seek

maintenance including maintenance pendente lite from the

competent Court. Only for such purpose, the transfer of the

petition cannot be made. Lastly, there are no details of any

harassment by the husband stated in the petition which would

prevent the wife from appearing before the concerned Family


The transfer petition is, therefore, dismissed.



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