Case Note & Summary
The case involved a transfer petition filed by Samita Bhattacharjee seeking the transfer of Title Suit (Divorce) No. 98 of 2006 from the Family Court in West Tripura to the District Judge in Howrah, West Bengal. The petitioner, residing with her minor child in Howrah, argued that the transfer was necessary for convenience. The court considered the facts of the case, particularly the location of the petitioner and her child, and determined that transferring the suit would serve the interests of justice. The court allowed the transfer petition, directing that the case be handled by the District Judge, who could either decide the matter or assign it to another competent court. The court did not impose any costs on the parties involved.
Headnote
A) Family Law - Transfer of Proceedings - Suit Transfer - Transfer Petition (Civil) No. 1079 of 2006 - Court allowed the transfer of a divorce suit for the convenience of the petitioner and minor child, considering their residence in Howrah, West Bengal. The court directed the District Judge to either decide the case or assign it to a competent court (Paras 2-3).
Issue of Consideration
Whether the Title Suit (Divorce) No. 98 of 2006 should be transferred from the Family Court West Tripura to the District Judge, Howrah, West Bengal.
Final Decision
The Supreme Court allowed the transfer of Title Suit (Divorce) No. 98 of 2006 from the Family Court in West Tripura to the District Judge in Howrah, West Bengal, for the convenience of the petitioner and her minor child.
Law Points
- Transfer of proceedings
- Family law
- Jurisdiction
- Convenience of parties
