Samita Bhattacharjee Vs. Kulashekhar Bhattacharjee
EmailAppeal: Transfer Petition (C) No. 1079 of 2006
Petitioner: Samita Bhattacharjee
Respondent: Kulashekhar Bhattacharjee
Apeal: Transfer Petition (C) No. 1079 of 2006
Judges: Tarun Chatterjee & Harjit Singh Bedi, JJ.
Date of Judgment: Feb 12, 2008
Appearances:
Mr. Pratha Sil, Mr. Abhishek Sarkar and Mr. Rameshwar Prasad Goyal, Advocates for the Petitioner.
Mr. Dhruv Mehta, Mr. Hiren Dasan, Mr. Dhirendra Kr. Misra and Mrs. Sarla Chandra, Advocates for the Respondent.
Mr. Dhruv Mehta, Mr. Hiren Dasan, Mr. Dhirendra Kr. Misra and Mrs. Sarla Chandra, Advocates for the Respondent.
Head Note:
Civil Law
Civil Procedure Code, 1908
Section 25 – Transfer of cases – Divorce petition at Agartala – Respondent wife residing at her parental home in Howrah with minor child. Held that divorce petition transferred from Agartala to Howrah.
Civil Procedure Code, 1908
Section 25 – Transfer of cases – Divorce petition at Agartala – Respondent wife residing at her parental home in Howrah with minor child. Held that divorce petition transferred from Agartala to Howrah.
JUDGEMENT:
Order
1. In spite of prayer for adjournment having been granted, no one appears to oppose the prayer for transfer on behalf of the respondent.
2. This is an application for transfer of Title Suit {Divorce] No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee v. Smt. Samita Bhattacharjee pending before the Family Court West Tripura, Agartala to the learned District Judge, Howrah, West Bengal.
3. Considering the facts that the wife petitioner herein is staying at Andul Purba Para, P.O. Andul Mouri, P.S. Sankrail, District Howrah with a minor child in her paternal home, we are of the view that the Title Suit {Divorce] No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee v. Smt. Samita Bhattacharjee pending before the Family Court West Tripura, Agartala, be transferred to the Court of learned District Judge, Howrah, West Bengal, who will either decide the same himself or assign it to any other court of competent jurisdiction. The transfer petition is thus allowed. There will be no order as to costs.
1. In spite of prayer for adjournment having been granted, no one appears to oppose the prayer for transfer on behalf of the respondent.
2. This is an application for transfer of Title Suit {Divorce] No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee v. Smt. Samita Bhattacharjee pending before the Family Court West Tripura, Agartala to the learned District Judge, Howrah, West Bengal.
3. Considering the facts that the wife petitioner herein is staying at Andul Purba Para, P.O. Andul Mouri, P.S. Sankrail, District Howrah with a minor child in her paternal home, we are of the view that the Title Suit {Divorce] No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee v. Smt. Samita Bhattacharjee pending before the Family Court West Tripura, Agartala, be transferred to the Court of learned District Judge, Howrah, West Bengal, who will either decide the same himself or assign it to any other court of competent jurisdiction. The transfer petition is thus allowed. There will be no order as to costs.
