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HIGH COURT OF TRIPURA
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.
HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI
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.
(AKIL KURESHI), CJ.