Shanti Kumari v. Kishen Ram
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CO/22/2022 Shanti Kumari ...
Applicant Vs.
Kishen Ram ...
Respondent Mrs. Anjili Nag ... for the applicant Mr. Ananda Halder ... for the respondent September 29, 2022 [MAM] Item No.2 The applicant/wife seeks transfer of Matrimonial Suit No. 42 of 2022 filed by the respondent/husband before the Family Court at Port Blair.
Mrs. Nag, learned advocate appearing for the applicant submits that the wife is now staying at her parents' house at Diglipur which is about 300 KM away from Port Blair. She being an unemployed lady finds it extremely difficult to contest the suit at Port Blair. Therefore, she prays for transfer of the said Matrimonial Suit to any court near to her parental home. Mr. Ananda Halder, learned advocate appearing for the husband, submits that the Family Court at Port Blair has the jurisdiction to try the suit since the parties last resided together at Port Blair and therefore, the suit should not be transferred. He further disputes the contention of the wife that she had no independent
source of income. He submits that the applicant is a Panchayat employee working at Diglipur.
It cannot be ignored that the applicant being a lady may face some genuine difficulties in travelling a distance of about 300 KM to contest the matrimonial Suit. At the same a balance needs to be struck keeping in the mind the overall convenience and inconvenience of both the parties. I am of the view that this matrimonial Suit should be transferred to a Court in between Diglipur and Port Blair.
In that view of the matter, the Matrimonial Suit No. 42 of 2022 pending before the Family Court at Port Blair is transferred to the Court of learned Additional District Judge, North & Middle Andaman. The learned Additional District Judge shall proceed with the hearing of the suit as expeditiously as possible.
The records of the case accordingly may be transmitted by the learned Judge, Family Court at Port Blair.
The application being CO/22/2022 is accordingly, disposed of.
(Kausik Chanda, J.)