Smti.Sabita Devi v. Shri. Negal Shah

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/35/2024 Smti. Sabita Devi ... Petitioner Vs.

Shri Negal Shah ... Respondent Mr. V. D. Sivabalan Mr. Arun S. Kumar ...for the Petitioner Mr. K. M. B. Jayapal ...for the Respondent October 01, 2024 (M.A.Mobin) Item No.2 This is an application seeking for withdrawal of the suit bearing Matrimonial Suit No. 127 of 2022 pending before the Learned Judge (Family Court) at Port Blair and transfer the same to the court of Additional District Judge, Mayabunder, North and Middle Andaman District. Learned Advocate appearing on behalf of the petitioner submits that a Matrimonial Suit has been instituted on behalf of the Opposite Party/husband praying for getting a decree of divorce filed under section 13(1)(i-a) (i-b) of the Hindu Marriage Act. The present petitioner/wife is residing at Mayabunder Village since September, 2022 and she got transferred to Primary School, Mayabunder. The respondent/husband is not allowing her to enter into the matrimonial house at Port Blair and as such she is facing various difficulties to reach Port Blair to appear in

the matrimonial suit since she has to stay in a hotel during her stay and has to spent huge amount of money for travelling and lodging. So, she prays that the Matrimonial Suit which is pending before the Family Court at Port Blair may be withdrawn and be transferred to the court of Additional District Judge, Mayabunder, North and Middle Andaman.

Mr. Jayapal, learned Advocate appearing on behalf of the respondent/husband raised objection by submitting that the mother of the husband/respondent is very much ill and there is no one except this respondent to look after her. It is further contended by the learned Counsel that all the witnesses who would be cited on behalf of the petitioner are the residents of Port Blair.

I am told by the learned Counsels that the issues of the suit have already been framed by the court. So I find that it would be proper to give direction upon the Family Court to expedite the matrimonial suit pending before it within a time frame manner.

In view of the facts and circumstances the instant CO being No. CO/35/2024 is hereby disposed of with a direction upon the learned Family Court, Port Blair to expedite the hearing of the suit pending before it and dispose of the suit within a period of six months from the date of this order.

It is further clarified that no unnecessary adjournment should be given to either the parties by the Trial Court.

Accordingly, CO being No. CO/35/2024 is hereby disposed of.

Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Prasenjit Biswas, J.)