Calcutta High Court Directed Transfer of Trial To Avoid Hardships of the Wife in a Matrimonial Case

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Excerpt:

The opposite party has filed a matrimonial suit for divorce before the learned District Judge at Cooch Behar. The Petitioner, the wife of the opposite party, resides at Bansdroni within the jurisdiction of the learned District Judge, South 24 Parganas at Alipore, and due to her financial condition, she would suffer a lot if she is compelled to attend the trial. Hence she pleads the trial to be transferred to another court. The court taking into consideration the hardships transferred the suit for the trial to the Court of the learned District Judge, South 24 Parganas at Alipore.

Facts of the case:

The Petitioner is the wife of the opposite party. The opposite party has filed a matrimonial suit for divorce before the learned District Judge at Cooch Behar. Since she has been driven out from her matrimonial home she resides at Bansdroni within the jurisdiction of the learned District Judge, South 24 Parganas at Alipore. She has been facing a lot of financial hardships. Leaving work to attend trial will cause loss to her. This would incur not only financial burden upon the Petitioner but also physical stress to her. 

Arguments made on behalf of the Petitioner:

The Petitioner stated in her application that she had no source of income. If she is compelled to attend the Court of the learned District Judge at Cooch Behar to contest the said suit, it would cause tremendous financial hardship to her. Since the distance between Cooch Behar and Kolkata is more than 600 km, along with the accommodation expenses will create an additional burden. The learned counsel further stated in a supplementary affidavit by the Petitioner that she is hard of hearing and she has been declared 60 per cent disabled due to her impairment.

Decision of the Court:

After carefully examining the plea and arguments made by the Petitioner, the court transferred the Matrimonial Suit pending before the learned District Judge, Cooch Behar to the Court of the learned District Judge, South 24 Parganas at Alipore for trial and disposal.

Click here to view full judgment.


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