Tripura High Court
Smti Shibani Debbarma vs Shri Dilip Debbarma on 2 April, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
Tr.P(C) No. 6/2019
Smti Shibani Debbarma
----Petitioner(s)
Versus
Shri Dilip Debbarma
----Respondent(s)
For Petitioner(s) : Mr. S. Lodh, Advocate.
For Respondent(s) : None.
[
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL
ORDER
02/04/2019 As per office report respondent-husband namely, Shri Dilip Debbarma stands served. Despite service and repeated calls, he has chosen not to enter appearance, hence proceeded ex parte against him.
It is seen that the respondent-husband, Shri Dilip Debbarma filed a petition for divorce before the Court of District Judge, Dhalai Judicial District, Ambassa. It is also seen that the petitioner-wife namely, Smti. Shibani Debbarma had instituted an application under the provision of Protection of Women from Domestic Violence Act, 2005. This was in the Court of CJM, Khowai where she is now ordinarily residing. It is seen that marriage between the parties was solemnized on 19.12.2013 at the house of the present petitioner, the place where she is now residing. Noticeably, she alleges constructive desertion and is now residing at Khowai with her parents along with a child born Page 2 of 3 out of the wedlock. It is also alleged that she has no source of income, whereas the husband is gainfully employed.
Well, without going into the correctness of such averments, considering the overall attending facts and circumstances application for transfer needs to be allowed, more so, finding the view of law laid down by the Apex Court in the case of Sumita Singh v. Kumar Sanjay and another; (2001) 10 SCC 41 where it is held that in a suit instituted by the husband against the wife, it is the convenience of the latter which must be looked into.
Under similar circumstances, in the cases of Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255; Lalita A. Ranga vs. Ajay Champalal Ranga, (2000) 9 SCC 355; Deepa vs. Anil Panicker, (2000) 9 SCC 441; Soma Choudhury vs. Gourab Choudhaury, (2004) 13 SCC 462 and Anju Ohri vs. Varinder Ohri, (2007) 15 SCC 556, Court transferred such petitions.
Under these circumstances the prayer is allowed. The case No. Title Suit (Divorce) 08 of 2018 titled as Shri Dilip Debbarma Vrs. Smt. Shibani Debbarma pending in the court of District Judge, Dhalai Judicial District, Ambassa is transferred to the Court of Learned District Judge, Khowai.
Ordered accordingly.
Petitioner undertakes to appear before the trial court and apprise of the passing of the order.
Copy of this order be sent to the concerned Court. Page 3 of 3 Record be also remitted forthwith.
The petition stands disposed of accordingly.
(SANJAY KAROL),CJ.
Dipankar