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HIGH COURT OF TRIPURA
Smti. Baisakhi Majumder
Sri Diptanu Das
For Petitioner(s) : Mr. B. Banerjee, Advocate.
For Respondent(s) : Mr. S. Lodh, Advocate.
HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI
This transfer petition is filed by the wife seeking transfer of
Family Court proceedings instituted by the respondent-husband at
Udaipur Family Court. She seeks transfer to South Tripura District
on the ground that her financial condition is not sound. It would,
therefore, be more convenient for her to attend in a Family Court
proceedings if transferred to a place where she is residing.
Learned counsel for the petitioner relied on decision of a
learned Single Judge of this Court dated 29.03.2019 in Transfer
Petition (C) No.04/2019 in which the Court had considering the
facts of the case transferred the Family Court proceedings to a
place where the wife was residing. This decision does refer to the
power of the High Court to transfer the proceedings, however, does
not lay down the ratio that can be applied in facts of the present
Upon inquiry, counsel for the petitioner stated that the
distance between the two Family Courts is approximately 65 Kms.
This cannot be stated to be a far distance which the wife would
have to travel, if required to attend Family Court proceedings at
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Udaipur. If she does not have financial means to sustain herself and
to defend herself in the Family Court proceedings, it is always open
for her to apply for maintenance from husband before a competent
forum, including praying for maintenance pendente lite in the
present Family Court proceedings. If the wife files any such
application before the Family Court, I am sure the Court will
consider such application and dispose it of expeditiously.
Subject to above observations, petition is disposed of.
Pending application(s), if any, also stands disposed of.
(AKIL KURESHI), CJ