Case name: Sanchayita Deb (Guha) vs. Susanta Deb
Case no: CO No. 3963/2018 with CO No. 3964/2018
Bench: Hon’ble Justice Bibek Chaudhuri
The Hon’ble Calcutta HC consisting of Hon’ble Justice Bibek Chaudhuri has ruled that in cases of transfer suit filed by the wife in cases of matrimonial cases the court while pronouncing its decision will take into consideration the inconvenience caused to her.
Facts of the case:
The facts of the case state that the petitioner has solemnized the marriage under the Special Marriage Act in the year 2004. From the wedlock, they have a son aged around 13 years. The petitioner soon after marriage was subject to physical and mental torture on the grounds of dowry. It is also alleged that the defendant had performed a second marriage in July of 2012.
On the night of 1st February 2017, a fight broke out between the Petitioner and the second wife of the defendant leading to injury to the Petitioner. Since then the Petitioner has been leaving her paternal house in Durgapur and the case has been filed in Jalpaiguri a distance of 600 km between them. Therefore, it was prayed for transfer of the suit at Durgapur.
Judgement:
The Hon’ble Court allowed the petition and observed that she (petitioner) has no income of her own. The total distance between Durgapur and Jalpaiguri is at a distance of 600 km. She is completely dependent on her parents. The opposite party has not given any maintenance to the wife or either his son. In such cases, the petitioner can’t travel so far and also bear the expenses of the same.
The Hon’ble HC also allowed the transfer of the case relating to the child custody petition filed by the husband. The Court while interpreting Section 9 of the Guardian and the Wards Act observed that: “The child resides with his mother in Durgapur. He is a student of the Bidhan School, Durgapur. He is also a minor child. Therefore, in the current matter, the jurisdiction to tie the said case lies with the Additional District Judge, Durgapur under Section 9[1] of the Guardian and the Wards Act.
Hon’ble Justice Bibek Chaudhuri was clear with his views that if a transfer is been sought in the matrimonial suit the convivence of the wife will be an important factor to make the final call.
Overruling of the other cases:
In the case of Dipika Agarwal vs. Rishi Agarwal, the HC ruled that “just because the wife feels inconvenient to attend court at Alipore there arises no ground for withdrawal the suit from the court and transfer it to district Birbhum.”
Edited by Vartika Gajendra Singh
Approved & Published – Sakshi Raje
References:
1. Section 9(1) in the Guardians and Wards Act, 1890. (1) If the application is concerning the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
