OF TRIPURA AGARTALA TR.P.(C) No. 10 of 2025 · Tripura High Court

V E R S U S Sri Kaushik Nag, S/O. Late Arjun Nag, resident of Village-Machuar Khil, P.O.- Barpathari, P.S.-Belonia, District-South Tripura. ……… Respondent(s). For Petitioner(s) For Respondent(s) : None. : None. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH 21/05/2025 Order Notice has been validly served upon the respondent but respondent has not entered appearance till date. Petitioner-wife seeks transfer of T.S. (RCR) 08 of 2023 from the learned Family Court, Belonia, South Tripura to the learned Family Court, Agartala, West Tripura. Marriage between the parties was solemnized on 19.09.2013. A seven year old son born out of the wedlock is living with the petitioner-wife. She has been driven out of the matrimonial home after physical and mental torture. Thereafter, she has filed a maintenance case being Criminal Misc.553/2023 under Section 125 of the Cr.P.C in which interim maintenance was allowed.

Petitioner has also lodged an FIR before Belonia Police Station vide Belonia P.S. Case No.17/23 under Sections 447/354/376/506 IPC against the respondent. Meanwhile, the respondent has filed a suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Belonia, South Tripura. According to the petitioner, for the aforesaid reasons, she will be unable to contest the suit at Belonia since Agartala and Belonia are separated by a considerable distance. It is not possible for her to commute on every date to attend to the proceedings of the suit. Therefore, the suit may be transferred from the learned Family Court, Belonia, South Tripura to the learned Family Court, Agartala, West Tripura. There is no opposition to the prayer. Having regard to the fact that the petitioner-wife is residing with a minor son at her parents' house at Durjoynagar, Agartala due to matrimonial dispute she may have genuine difficulty in attending to the proceedings of the matrimonial suit before the learned Family Court, Belonia as Belonia and Agartala are separated by a considerable distance.

In such cases, primacy of the convenience lies in favour of the wife. As such, this Court is satisfied that the petitioner has made out a case of transfer of the matrimonial suit from the learned Family Court, Belonia, South Tripura to the learned Family Court, Agartala, West Tripura. Let the records of T.S. (RCR) No.08 of 2023 be transferred from the Court of learned Family Judge, Belonia, South Tripura to the Court of learned Family Judge, Agartala, West Tripura forthwith. Ordered accordingly. The transfer petition is accordingly disposed of. Pending application(s), if any, also stands disposed of. (APARESH KUMAR SINGH), CJ Pulak PULAK BANIK Digitally signed by PULAK BANIK