Shyamali Ghosh Vs. Sumit Kumar Ghosh
EmailAppeal: Transfer Petition (c) No.997/1998
Petitioner: Shyamali Ghosh
Respondent: Sumit Kumar Ghosh
Apeal: Transfer Petition (c) No.997/1998
Judges: V.N. KHARE & N. SANTOSH HEGDE, JJ.
Date of Judgment: Mar 16, 2000
Head Note:
Civil Law
Civil Procedure Code, 1908
Section 25 – Transfer – Matrimonial suit at Alipore, West Bengal – Wife working at Delhi – No counter. Suit directed to be trans-ferred to Distt. Judge, Noida in U.P. (Para 4)
JUDGEMENT:
ORDER
1. This transfer petition is at the instance of wife.
2. Despite service of notice, Respondent has not put in ap-pearance. We, therefore, proceed to finally dispose of this matter ex-parte.
3. The respondent-husband has filed Matrimonial Suit No. 428/97 titled S.K. Ghosh v. Shyamali Ghosh, pending before the District Judge. 24 Parganas (South) at Alipore (West Bengal). The said suit has subsequently been transferred to the IVth Court of Additional District Judge, Alipore and renumbered as Matrimonial Suit No. 45/98. The petitioner prays for transfer of the said case on the ground that she is employed in Delhi and it is very diffi-cult for her to attend the day-to-day proceeding at Calcutta. No counter affidavit has been filed to deny the allegations stated in the petition.
4. We accordingly transfer the Matrimonial Suit No. 45/98 pending before the IVth Court of Additional District Judge, Alipore to the District Judge at Gautam Budh Nagar, NOIDA (U.P.), who may either decide the case himself to transfer it to any other com-petent court for decision.
5. The transfer petition is thus allowed.
1. This transfer petition is at the instance of wife.
2. Despite service of notice, Respondent has not put in ap-pearance. We, therefore, proceed to finally dispose of this matter ex-parte.
3. The respondent-husband has filed Matrimonial Suit No. 428/97 titled S.K. Ghosh v. Shyamali Ghosh, pending before the District Judge. 24 Parganas (South) at Alipore (West Bengal). The said suit has subsequently been transferred to the IVth Court of Additional District Judge, Alipore and renumbered as Matrimonial Suit No. 45/98. The petitioner prays for transfer of the said case on the ground that she is employed in Delhi and it is very diffi-cult for her to attend the day-to-day proceeding at Calcutta. No counter affidavit has been filed to deny the allegations stated in the petition.
4. We accordingly transfer the Matrimonial Suit No. 45/98 pending before the IVth Court of Additional District Judge, Alipore to the District Judge at Gautam Budh Nagar, NOIDA (U.P.), who may either decide the case himself to transfer it to any other com-petent court for decision.
5. The transfer petition is thus allowed.
