Smt. Sonali Chanda vs Shri Naresh Ch. Das on 4 November, 2019

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Tripura High Court

Smt. Sonali Chanda vs Shri Naresh Ch. Das on 4 November, 2019

Bench: Sanjay Karol

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                          Tr.P(C) No. 23/2019

Smt. Sonali Chanda
                                                              ----Petitioner(s)
                                     Versus
Shri Naresh Ch. Das
                                                         ----Respondent(s)

For Petitioner(s)        :      Mr. P. Roy Barman, Advocate.
                                Mr. Samarjit Bhattacharjee, Advocate.
For Respondent(s)        :      None.
                                       [




     HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL

                                ORDER

04/11/2019 As per office report, respondent namely, Shri Naresh Ch. Das 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 an application for restitution of Conjugal Rights before the Court of District Judge, Gomati Tripura, Udaipur. It is also seen that the petitioner-wife namely, Smti. Sonali Chanda had instituted an application under Section 125 Cr. P.C against the respondent-husband. This was in the Court of Ld. Judicial Magistrate Court, 1st Class, Kailashahar, North Tripura being Case No. Cr. Misc. 36 of 2002. It is seen that marriage between the parties was solemnized on 16.08.1999 at the house of the present petitioner, the place where she is now residing. Noticeably, she alleges constructive desertion and is now residing Page 2 of 3 at Kailashahar with her parents along with her daughter born 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.T.S(RCR) 02 of 2019 titled as Shri Naresh Ch. Das Vrs. Smt. Sonali Chanda pending in the court of Ld. Additional District Judge, Udaipur, Gomati, Tripura is transferred to the Court of Learned Judge, Family Court, Kailashahar, North Tripura.

Ordered accordingly.

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Petitioner undertakes to appear before the trial court on 4th December, 2019 and apprise of the passing of the order.

Copy of this order be sent to the concerned Court. Record be also remitted forthwith.

The petition stands disposed of accordingly.

(SANJAY KAROL),CJ.

Dipesh

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