The Calcutta High Court in its order dated July 14, 2022 allowed a wife’s plea to transfer Matrimonial Suit from the Court of Additional District Judge, F.T.C., Coochbehar to the Court of District Judge, Darjeeling. The reason cited by the High Court was the principle of “showing leniency towards the wife“.
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Parties got married in March 2020 and lived together for 15-days in the husband’s Coochbehar home.
According to the husband, his wife had voluntarily left the matrimonial home within 15 days of the marriage and thus he was compelled to file for divorce on grounds of cruelty.
Wife files for Transfer of Case
The wife is presently residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar.
The wife also preferred the revisional application under Section 24 of the Code of Civil Procedure praying for transfer of Matrimonial Suit pending before the Additional District Judge, Fast Track Court, Coochbehar to any other Court of Additional District Judge at Siliguri.
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According to the wife, her husband had filed the Matrimonial suit under Section 13(1)(ia) of the Hindu Marriage Act, 1955 against her, as a counter blast of the FIR lodged by her. She also submitted before the Court that since her relationship with her husband is strained, therefore, she feels insecure to travel to Coochbehar Court for the purpose of taking part in the proceedings.
The husband contended that there is a conveyance facility to conveniently travel to Coochbehar and the petitioner wife has no cogent ground for preferring this revisional application and the same is liable to be dismissed.
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Calcutta High Court
The bench of Justice Ananda Kumar Mukherjee took into account the fact that the husband had filed a suit for divorce directly without making any attempts to restore the marital relationship, and therefore, the Court opined that the wife cannot be put to such inconvenience by forcing her to travel at odd hours of the day, as the same would amount to a physical hardship for her.
The Court observed that the husband is having some type of employment but the petitioner/wife is a housewife having no means of earning to bear the financial burden to travel such a long distance from Siliguri to Coochbehar.
Accordingly, the revision application was dismissed after the High Court found it appropriate to transfer the Matrimonial Suit from the Court of Additional District Judge, F.T.C., Coochbehar to the Court of District Judge, Darjeeling.
READ ORDER | Following Principle Of "Showing Leniency Towards Wife" Calcutta High Court Allows Transfer Petition— Voice For Men India (@voiceformenind) July 19, 2022
▪️Parties married in March 2020
▪️Wife left matrimonial home in 15-days
▪️Husband filed divorce
▪️HC: Husband can't cause hardship to wifehttps://t.co/vNcpBXda4v
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