Tripura High Court
Smt. Rupa Banik(Sen) vs Sri Rakesh Sen on 23 May, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
Page - 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Tr. P(C) No.1/2019
Smt. Rupa Banik(Sen),
W/o Sri Rakesh Sen,
D/o Sri Narayan Banik of 16 Office Lane,
Agartala, P.O. Agartala, P.S -West Agartala,
District - West Tripura.
........... Petitioner.
Vrs.
Sri Rakesh Sen,
S/o Sri Makhan Sen of Vill - Gardhang,
P.S. Santir Bazar, P.O. Kanchan Nagar,
Dist. - South Tripura.
........... Respondent.
For Petitioner : Mr. R G Chakraborty, Advocate. For Respondent : Mr. Rajib Saha, Advocate, HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL _O_R_D_E_R_ 23/5/2019 Heard.
This is an application under Section 24 of the Code of Civil Procedure(CPC), 1908 seeking transfer of a suit being T.S(RCR) 08/2018, titled as Sri Rakesh Sen v. Smt. Rupa Banik(Sen), filed by the respondent-husband namely Sri Rakesh Sen under the provisions of Section 9 of the Hindu Marriage Act from the Court of learned District Judge, Belonia, South Tripura to the file of learned Judge, Family Court, West Tripura, Agartala.
At Belonia, there is no Family Court and District Judge is the competent authority under the Act to try the suit/proceedings initiated by the respondent-husband.
Page - 2 of 2 Petitioner, who is a housewife, alleges constructive desertion on the part of her husband, forcing her to live with her parents at Agartala, West Tripura. She along with her minor child is dependent upon her father for everything and has no independent income of her own. It also appears that mediation between the parties has become unsuccessful.
Considering the overall attending facts and circumstances, this Court finds it appropriate, in the interest of justice as also parties, to transfer the matrimonial proceedings initiated by respondent-husband Sri Rakesh Sen against petitioner-wife Smt. Rupa Banik(Sen).
Resultantly, this transfer petition is allowed. The case being T.S(RCR) 8/2018 stands transferred to the file of learned Judge, Family Court, West Tripura, Agartala for further proceedings and disposal in accordance with law. Needless to say, learned District Judge, Belonia, South Tripura, shall make over the case record to the learned Judge, Family Court, West Tripura, Agartala, without any delay.
Parties are directed to appear before the transferee Court on 21st June, 2019.
Records be also remitted forthwith.
Transfer petition stands disposed of. Pending application(s), if any also stands disposed of.
CHIEF JUSTICE Sukhendu