OF TRIPURA AGARTALA TR.P.(C) No. 31 of 2023 · Tripura High Court

Mr. Rakhu Das, Advocate. None. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH 05/01/2024 Order Despite valid service of notice through speed post, respondent has chosen not to enter appearance.

Heard Mr. Rakhu Das, learned counsel for the petitioner. Petitioner wife seeks transfer of T.S. (Divorce) No.02 of 2023 instituted under Section 13(1)(i-a) read with Section 13(1)(i-b) of the Hindu Marriage Act, 1955 from the Court of learned Additional District Judge, Kamalpur, Dhalai Tripura to learned Family Court, Dharmanagar, North Tripura.

Marriage between the parties was solemnized on 02.03.2020 as per Hindu rites and customs. However, because of marital discord, petitioner is living at her parents place. She has also instituted a criminal case against her husband bearing Kamalpur P.S. Case No. 2022 KMP 059 dated 27.10.2022 under Section 498A/323/34 of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961 which is under investigation. Earlier the suit for restitution of conjugal rights instituted by the husband was dismissed for default. Respondent is employed whereas petitioner is fully dependent upon her parents.

Mr. Rakhu Das, learned counsel for the petitioner, submits that in such circumstances, she would be unable to contest the divorce suit if it is not transferred from the Court of learned Additional District Judge, Kamalpur, Dhalai Tripura to learned Family Court, Dharmanagar, North Tripura. Both the places are separated by considerable distance and it would be onerous for her to commute to Dhalai from the North Tripura District.

There is no opposition to the prayer, since respondent has chosen not to enter appearance.

On consideration of the submission of learned counsel for the petitioner and after taking note of the relevant materials placed from record, this Court is of the opinion that the petitioner-wife, without any independent source of income, may find it really onerous and expensive to attend to the proceedings of the divorce suit at Dhalai Tripura District, which is at a considerable distance from North Tripura and as a result the suit may remain uncontested. As such, interest of justice would be subserved if the suit being T.S. (Divorce) No.02 of 2023 is transferred from the Court of learned Additional District Judge, Kamalpur, Dhalai Tripura to the learned Family Court, Dharmanagar, North Tripura.

Accordingly, the prayer is allowed. Interim order stands vacated. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA