Tripura High Court
Smt. Madhabi Rabidas vs Sri Goutam Rabidas on 14 May, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Tr.P.(C) No.05 of 2019
Smt. Madhabi Rabidas
----Petitioner(s)
Versus
Sri Goutam Rabidas
----Respondent(s)
For Petitioner(s) : Mr. S. Bhattacharjee, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL Order 14/05/2019 Petitioner has prayed for the following relief :
"Your Lordship may be pleased to consider the above facts and may please to call for the records of case No.T.S. 01 (RCR) of 2019 pending in the court of Ld. Judge, Family Court, Unakoti Judicial District, Kailasahar and after hearing, may please to pass an order transferring the said case to the Court of Ld. Family Judge, West Tripura, Agartala for the trial of the suit and disposal according to law."
On 26.04.2019, this Court passed the following order :
"As per office report, notice stands served upon the respondent, but no appearance on his behalf. As such, the matter will proceed ex-parte.
Let the matter be listed on 14-05-2019."
Petitioner, Smt. Madhabi Rabidas, has filed a petition under Section 24 of the Code of Civil Procedure (CPC) seeking transfer of a suit being T.S. (RCR) No.01/2019, titled as Sri Goutam Page 2 of 2 Rabidas vs. Smti. Madhabi Rabidas, filed by the respondent- husband namely Sri Goutam Rabidas under the provisions of Section 9 of the Hindu Marriage Act from the Court of Family Judge, Unakoti Judicial District, Kailashahar.
Petitioner, who is a housewife, alleges constructive desertion on the part of her husband, forcing her to live with her parents at Agartala. 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 Goutam Rabidas against petitioner-wife Smti. Madhabi Rabidas.
Considering the convenience, more so, that of the parties, T.S.(RCR) No.01/2019, titled as Sri Goutam Rabidas vs. Smti. Madhabi Rabidas, shall stand transferred from the Court of Family Judge, Unakoti Judicial District, Kailashahar to the Court of Family Judge, West Tripura, Agartala.
Parties are directed to appear before the transferee Court on 31.05.2019.
Records be also remitted forthwith.
Transfer Petition stands disposed of. Pending application(s), if any, also stands disposed of.
(SANJAY KAROL), CJ Dipesh