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HIGH COURT OF TRIPURA
AGARTALA
Tr. P.(C) No.10 of 2024
Smt. Dipika Debnath, W/o Sri Maharshi Malakar, resident of H/O and D/O,
Haradhan Debnath, Dhaleshwar Road No.7, P.O-Dhaleshwar, Agartala, West
Tripura.
Petitioner(s).
………
Versus
Sri Maharshi Malakar, S/o Sri Manindra Kumar Malakar, resident of Post
Office Road, P.O & P.S- Dharmanagar, North Tripura.
.
…… Respondent(s).
For Petitioner (s) : Mr. S.S. Debnath, Advocate,
Mr. Debarun Singh Kunwar, Advocate.
For Respondent(s) : None.
APARESH KUMAR SINGH
HON’BLE THE CHIEF JUSTICE MR.
Order
29/08//2024
Notice has been duly served upon the respondent-husband but he
has chosen not to appear despite the matter being adjourned on the previous
date.
Heard Mr. S.S. Debnath, learned counsel together with Mr.
Debarun Singh Kunwar for the petitioner.
Petitioner-wife seeks transfer of suit T.S (Nullity) No.02 of 2023
from the Court of the learned Family Judge, North Tripura, Dharmanagar to the
competent Family Court at Agartala. The marriage between the petitioner-wife
and the respondent-husband was solemnized on 15.01.2021 under the Special
Marriage Act, 1954. The suit was instituted under Section 24(ii) of the Special
marriage Act, 1954 for nullity on grounds of impotency and sterility. The
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petitioner-wife is working in NIT, Agartala. She may, therefore, be facing
difficulty in attending the suit at Dharmanagar which is situated at a
considerable distance from Agartala. She also apprehends threat to her security
if she regularly visits Dharmanagar to defend the case. Therefore, she has
approached this Court for transfer of the suit to the competent Family Court at
Agartala.
Mr. S.S. Debnath, learned counsel for the petitioner submits that if
the suit is not transferred from the Court of the learned Family Judge, North
Tripura, Dharmanagar to the competent Family Court at Agartala, petitioner-
wife may not be able to properly contest it. As such, the prayer may be allowed.
There is no opposition to the prayer since respondent-husband has
chosen not to appear despite service of notice.
On consideration of the submissions of the learned counsel for the
petitioner and the materials placed from record, this Court is satisfied that the
petitioner, being the wife, having the primacy of convenience, has made out a
prima facie case for transfer of suit T.S (Nullity) No.02 of 2023 from the Court of
the learned Family Judge, North Tripura, Dharmanagar to the competent Family
Court at Agartala for the reason that Dharmanagar and Agartala are separated by
considerable distance making it difficult for the petitioner to commute and attend
to the proceedings of suit at Dharmanagar, North Tripura, and moreover,
petitioner is employed in NIT, Agartala also.
Accordingly, let the suit T.S (Nullity) No.02 of 2023 be transferred
from the Court of the learned Family Judge, North Tripura, Dharmanagar to the
competent Family Court at Agartala.
With these observations, the instant petition is allowed and disposed
of.
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Ordered accordingly.
Let the records be transferred forthwith.
Interim stay order, if any, stands vacated.
Pending application(s), if any, shall stand disposed of.
(APARESH KUMAR SINGH), CJ
Munna S
M U N NA SAHA Digitally signed by MUNNA SAHA
Date: 2024.08.30 17:10:06 +05'30'