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HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
TRP(C) No.15 of 2024
Smt. Mitali Dhar, wife of Sri Ranadip Paul, daughter of Sri Biswanath Dhar,
Village- Katalpar, Near, Loknath Mandir, P.O.& P.S. Kailashahar-799277,
Sub-Division- Kailashahar, District- Unakoti, Tripura
...... Petitioner(s)
V E R S U S
Shri Ranadip Paul, son of late Rasendra Paul, Village- East Radhapur, P.O.
Radhapur-799250, P.S.& Sub-Division- Dharmanagar, District- North
Tripura.
Respondent(s)
..….
For Petitioner(s) : Ms. Nabanita Roy, Advocate.
For Respondent(s) : None.
HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
=O=R=D=E=R=
18/12/2024
Respondent has been served notice but he has chosen not to
enter appearance. Heard Ms. Nabanita Roy, learned counsel for the
petitioner.
Petitioner-wife seeks transfer of T.S. (RCR) No.07/2024 from
the Court of learned Family Judge, Dharmanagar, North Tripura to the Court
of learned Family Judge, Kailashahar, Unakoti Tripura. She is a resident of
Kailashahar, Unakoti District. The marriage between the parties was
solemnized on 13.07.2013. Unfortunately, on two occasions, the child born
out of the wedlock died after their birth. Thereafter, due to physical and
mental torture, petitioner had left with no other alternative but to take shelter
in her parental home. She is living with her old parents. She has no sources
of income. She has filed a maintenance case before learned Family Court,
Kailashahar against the respondent. She finds it difficult to attend the
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proceedings of the matrimonial suit before the learned Family Court,
Dharmanagar because of distance as movement of vehicles is very irregular,
especially in the rainy season. Therefore, petitioner has sought transfer of the
suit to the competent Court at Kailashahar.
Learned counsel for the petitioner submits that the respondent
in any case has to attend to the maintenance case instituted before the
learned Family Court, Kailashahar, Unakoti Tripura. It would, therefore, be
proper that both the proceedings are tried and decided by the same Family
Court, Kailashahar. Respondent may not have any difficulty in attending the
matrimonial suit if transferred to Kailashahar, Unakoti Tripura.
I have considered the submission of learned counsel for the
petitioner. It appears that though the two places Kailashahar and
Dharmanagar are not separated by a considerable distance and commuting
from one place to another may not be onerous, since petitioner has filed a
maintenance case before the learned Family Court, Kailashahar, the
respondent, in any case has to attend to the proceedings before the learned
Family Court, Kailashahar. On the other hand, petitioner is without any
source of income. It would, therefore, be proper that both the suits be tried
by the Family Court at Kailashahar. In such situation, since the primacy of
convenience lies in favour of the petitioner-wife, I deem it proper to direct
transfer of T.S. (RCR) No.07/2024 from the Court of learned Family Judge,
Dharmanagar, North Tripura to the Court of learned Family Judge,
Kailashahar, Unakoti Tripura also taking into account that the
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proceedings are still at the stage of appearance as informed by the learned
counsel for the petitioner.
Ordered accordingly.
The instant petition is accordingly disposed of.
Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH) CJ
DIPESH DEB
Digitally signed by DIPESH DEB
Date: 2024.12.19 18:26:33 +05'30'