Judgment · High Court

: Mr. Sankar Bhattacharjee, Adv. : Mr. Raju Datta, Adv. HON’BLE MR. JUSTICE T. AMARNATH GOUD Order 26/08/2022 Both the parties are present along with their respective counsel in terms of the order dated 23.08.2022. Mr. Sankar Bhattacharjee, learned counsel appearing for the petitioner and Mr. Raju Datta, learned counsel appearing for the respondent.

This is a petition under Section 24 of the CPC for transferring the case of T.S.(D)5 of 2022 from the Court of the Family Judge, West Tripura, Agartala to the Court of the Family Judge, North Tripura, Dharmanagar.

The petitioner is a legally married wife of the respondent and their marriage was solemnized on 10.05.2009 as per Hindu Rites and Customs. Initially, for the first two years after marriage, they lived their conjugal life happily. Within that period, out of their wedlock one male child namely Arush Sarma was born. From that period, the petitioner started to notice some changes in the behavior of the respondent towards her and from that, the dispute gradually started and finally on 02.03.2019, she left the house of the respondent and came back to Dharmanagar along with her minor son. Since then, she is staying in the rented house with her child at Dharmanagar. However, in the middle of this month, she received a notice issued by the Court of the Family Judge, West Tripura, Agartala to be preset on 30.07.2022 before the learned Court to file her written statement in Case No.T.S.(D)5/2022 filed by the respondent against the present petitioner. She is a staff nurse by profession and presently her posting is at Dharmanagar, North Tripura. It is impossible on her part to come at Agartala and joined the court proceedings as there is no one to take care of her child. Moreover, the petitioner has fairly stated that she does not feel safe and secure to come at Agartala alone due to her family dispute. According to the petitioner, the respondent is a fit and healthy person and he is a teacher by profession presently working at Amabassa, Dhalai Tripura and has no obstruction to come at Dharmanagar to take part in the proceeding of the suit, if it is transferred to the learned Court of Family Judge, North Tripura, Dharmanagar from Court of the Family Judge, West Tripura, Agartala.

On the other side, the respondent husband has stated that the petitioner wife has wrongly stated in her petition that there are no family members to look after the child but fact remains at present the petitioner wife is at presently residing with her sister and her brother-in-law at Dharmanagar and the child is looked after by the relatives of the petitioner when the petitioner wife goes for her duty. He has also stated that he is willing to take back his son to provide better education and a better life if the petitioner has no objection. On several occasions the petitioner wife and her relatives threatened the respondent husband to dare consequence. As a result of such consequence, the respondent husband is not willing to go for court proceedings at Dharmanagar. He has fairly stated before this court except Dharmanagar, he can proceed at any place for the court proceedings.