2008 ALL SCR 805
TARUN CHATTERJEE AND H.S. BEDI, JJ.
Samita Bhattarcharjee Vs. Kulashekhar Bhattarcharjee
Transfer Petition (Civil) No.1079 of 2006
12th February, 2008
Petitioner Counsel: PRATHA SIL, ABHISHEK SARKAR, RAMESHWAR PRASAD GOYAL
Respondent Counsel: DHRUV MEHTA, HIREN DASAN, DHIRENDRA Kr. MISRA, Mrs. SARLA CHANDRA
Civil P.C. (1908), S.25 - Transfer of divorce case - Suit filed in Family Court at Tripura, Agartala - Wife with minor child living in her parental home at Howrah, West Bengal - Suit transferred to the Court at Howrah, West Bengal. (Para 3)
2. This is an application for transfer of Title Suit (Divorce) No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee Vs. 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 Vs. 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.