Tripura High Court
Smt. Lipika Das (Ghosh) vs Sri Kamal Kanti Ghosh on 21 June, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
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HIGH COURT OF TRIPURA
AGARTALA
Tr.P(C) No. 12/2019
Smt. Lipika Das (Ghosh)
----Petitioner(s)
Versus
Sri Kamal Kanti Ghosh
----Respondent(s)
For petitioner(s) : Ms. R. Majumder, Advocate.
For Respondent(s) : Mr. P. Saha, Advocate.
[
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL
ORDER
21/06/2019 On 08.05.2019 this Court passed the following order:
"Issue notice.
Call for the records.
Notice is made returnable for 21.06.2019. Steps for service, complete in all respect be positively taken within a period of two weeks.
In the meanwhile, till the disposal of the transfer petition, Title Suit being T.S. (Divorce) 18 of 2018, titled as Sri Kamal Kanti Ghosh v. Smti. Lipika Das (Ghosh), pending in the Court of District & Sessions Judge, Sonamura, Sepahijala Tripura, shall remain stayed."
Petitioner, Smt. Lipika Das (Ghosh), has filed a petition under Section 24 of the Code of Civil Procedure (CPC) seeking transfer of a suit being T.S. (Div) No.18/2018, titled as Sri Kamal Kanti Ghosh vs. Smti. Lipika Das (Ghosh), filed by the respondent-husband namely Sri Kamal Kanti Ghosh under the provisions of Section 13(1)(ia) & (ib) of the Hindu Marriage Act from the Court of learned District & Sessions Judge, Sonamura, Sepahijala, Tripura to the Court of Family Judge, Udaipur, Gomati District.
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Petitioner, who is a housewife, alleges constructive desertion on the part of her husband, forcing her to live with her parents at Khilpara (Bhangarpar), Udaipur, Gomati Tripura. She is dependent upon her father for everything and has no independent income of her own. 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 Kamal Kanti Ghosh against petitioner-wife Smti. Lipika Das (Ghosh).
Considering the convenience, more so, that of the parties, T.S.(Div) No.18/2018, titled as Sri Kamal Kanti Ghosh vs. Smti. Lipika Das (Ghosh), shall stand transferred from the Court of learned District & Sessions Judge, Sonamura, Sepahijala, Tripura to the Court of Family Judge, Udaipur, Gomati District.
Parties are directed to appear before the transferee Court on 12.07.2019.
Records be also remitted forthwith.
Transfer Petition stands disposed of. Pending application(s), if any, also stands disposed of.
(SANJAY KAROL),CJ.
Dipankar