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HIGH COURT OF TRIPURA
AGARTALA
Tr.P.(C) No.9 of 2024
Smt. Gayatri Chakraborty, wife of Sri Anjan Chakraborty, D/o Sri Chandan
Chakraborty, resident of Gouranga Tilla, Ward No.10, P.S. Teliamura, P.O.-
Teliamura, District-Khowai, Tripura.
Petitioner (s).
………
Versus
Sri Anjan Chakraborty, S/o Late Ranjan Chakraborty, Vill-Jamirghat,
Kamalghat, P.S. Lefunga, District-West Tripura.
.
…… Respondent(s).
For Petitioner (s) : Mr. Dhiman Gope, Advocate,
Ms. S. Banik, Advocate.
For Respondent(s) : Mr. Kundan Pandey, Advocate.
APARESH KUMAR SINGH
HON’BLE THE CHIEF JUSTICE MR.
Order
29/08//2024
Heard learned counsel for the parties.
Petitioner-wife seeks transfer of suit T.S (RCR) No.70 of 2023
from the Court of the learned Judge, Family Court, West Tripura, Agartala to
the Court of the learned Judge, Family Court, Khowai, Tripura. The marriage
between the petitioner-wife and the respondent-husband was solemnized on
08.02.2012. Thereafter, marital discord started and since then she has been
staying with her parents in Khowai. More particularly, Teliamura as described
in the cause title of the plaint as Ward No.-10, P.S. Teliamura was not
–
specifically described in the cause title of the petition. However, petitioner has
sought transfer of the suit on the ground that she will face genuine difficulties
in attending to the proceeding of the suit before learned Family Court, West
Tripura, Agartala as she has two minor children to maintain.
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Learned counsel for the petitioner submits that petitioner is
suffering from certain ailments and it would be onerous for her to travel from
Telimura to Agartala for attending the proceedings of the suit.
Mr. Kundan Pandey, learned counsel for the respondent-husband
on the other hand has objected to the prayer and submits that as per the
description of address of the petitioner in the instant petition she is residing at
Teliamura which is at the distance of about 43 km from Agartala and 33-34 km
from K itioner to
howai. Therefore, it won’t make any difference for the pet
attend to the proceedings of the matrimonial suit even if it is being prosecuted
before Family Court, West Tripura, Agartala. Moreover, respondent-husband is
employed in the Forest Department in Agartala. He has been paying
maintenance @Rs.8000/- to the petitioner and the minor children. It may be
difficult for him to attend to the proceedings of the suit at Khowai since he is an
employed person. Learned counsel for the respondents also submits that the
respondent is willing to pay the expenses for attending the proceedings of the
Court to the petitioner-wife as and when she appears before the Court.
I have considered the submissions of the learned counsel for the
parties and taken note of the attended materials facts. The grounds which are
projected for seeking transfer of the matrimonial suit from the Court of the
learned Judge, Family Court, West Tripura, Agartala to the Court of the learned
Judge, Family Court, Khowai, Tripura
indicate that the situation won’t change
so far as the petitioner is concerned as in both cases petitioner will have to
travel either to Agartala which is at 43 km from Teliamura or to Khowai which
is around 33-34 km from Teliamura. In such circumstances, the convenience of
the petitioner- , therefore, not be proper to transfer
wife won’t suffer. It would
the suit from the Court of the learned Judge, Family Court, West Tripura,
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Agartala to the Court of the learned Judge, Family Court, Khowai, Tripura
when there is no justifiable basis for that.
It is open for the petitioner to make such an application before the
learned Family Court, West Tripura, Agartala in the pending proceeding for
seeking cost of attending the proceedings which may be considered in
accordance with law and in the light of the statements made on behalf of the
respondent-husband as well.
Accordingly, the instant petition is dismissed. Pending
application(s), if any, also shall stand disposed of.
(APARESH KUMAR SINGH), CJ
Munna S M U NNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.08.30 17:10:35 +05'30'