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Smti. Baisakhi Majumder vs Sri Diptanu Das on 21 November, 2019

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HIGH COURT OF TRIPURA
AGARTALA

Tr.P.(C) No.25/2019

Smti. Baisakhi Majumder
—-Petitioner(s)
Versus
Sri Diptanu Das
—–Respondent(s)

For Petitioner(s) : Mr. B. Banerjee, Advocate.
For Respondent(s) : Mr. S. Lodh, Advocate.

HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI

Order

21/11/2019

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

case.

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

Pulak

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