Keya Ankan Saha Vs. Ankan K. Saha
EmailAppeal: Transfer Petition (C) No. 222 of 1999
Petitioner: Keya Ankan Saha
Respondent: Ankan K. Saha
Apeal: Transfer Petition (C) No. 222 of 1999
Judges: S.P. BHARUCHA, V.N. KHARE & S. S. MOHAMMED QUADRI, JJ.
Date of Judgment: Jan 10, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 with Constitution – Article 139A – Matrimonial Dispute – Transfer petition – Husband’s divorce peti-tion pending in civil court at Thane – Wife with three year old child of the marriage and not having independent income residing in Calcutta with maternal uncle – Wife’s maintenance application pending in Alipore (Calcutta) Court – Wife seeking transfer of divorce application to Alipore Courts – In view of the difficul-ties encountered by wife in travelling to Thane, divorce applica-tion of husband ordered to be transferred to Alipore Court.
Civil Procedure Code, 1908
Section 25 with Constitution – Article 139A – Matrimonial Dispute – Transfer petition – Husband’s divorce peti-tion pending in civil court at Thane – Wife with three year old child of the marriage and not having independent income residing in Calcutta with maternal uncle – Wife’s maintenance application pending in Alipore (Calcutta) Court – Wife seeking transfer of divorce application to Alipore Courts – In view of the difficul-ties encountered by wife in travelling to Thane, divorce applica-tion of husband ordered to be transferred to Alipore Court.
JUDGEMENT:
ORDER
1. This is a transfer petition filed by the wife for transfer of a divorce petition filed by the respondent-husband in the court of the Civil Judge, Thane, Bombay. It is the case of the wife that she is staying with her three-year old son at Alipore, Calcutta with her maternal uncle. She is without an independent source of income so that she cannot spend on travelling up and down to defend the divorce proceeding in Bombay nor is there any place for her to stay there. Her father is old and cannot afford to accompany her. It is also pointed out that she had filed main-tenance proceedings in Alipore which were contested by the re-spondent-husband. It is contended on behalf of the husband that he is working while she is not and that she can contact the appropriate legal aid cell to defend her in Bombay. The submis-sion overlooks the fact that she would have to go to Bombay to give instructions and to give evidence.
2. We think that, it the circumstances, the transfer petition should be allowed. Marriage Petition No. A-189 of 1998 pending in the court of the Civil Judge, Thane, Bombay shall stand trans-ferred to the court of the District Judge, Alipore, Calcutta, who may decide the same himself or assign it for trial to an another competent court.
3. No order as to costs.
1. This is a transfer petition filed by the wife for transfer of a divorce petition filed by the respondent-husband in the court of the Civil Judge, Thane, Bombay. It is the case of the wife that she is staying with her three-year old son at Alipore, Calcutta with her maternal uncle. She is without an independent source of income so that she cannot spend on travelling up and down to defend the divorce proceeding in Bombay nor is there any place for her to stay there. Her father is old and cannot afford to accompany her. It is also pointed out that she had filed main-tenance proceedings in Alipore which were contested by the re-spondent-husband. It is contended on behalf of the husband that he is working while she is not and that she can contact the appropriate legal aid cell to defend her in Bombay. The submis-sion overlooks the fact that she would have to go to Bombay to give instructions and to give evidence.
2. We think that, it the circumstances, the transfer petition should be allowed. Marriage Petition No. A-189 of 1998 pending in the court of the Civil Judge, Thane, Bombay shall stand trans-ferred to the court of the District Judge, Alipore, Calcutta, who may decide the same himself or assign it for trial to an another competent court.
3. No order as to costs.
