Case Note & Summary
The case involved a transfer petition filed by a wife, Kalpana Saha, seeking the transfer of her matrimonial suit from the District Judge in Alipore, South 24 Parganas, to the District Judge in Guwahati, Kamrup, Assam. The petitioner argued that the distance of about 1200 kilometers between the two locations would create significant difficulties for her in attending court proceedings. The court acknowledged the challenges posed by such a long distance, which could hinder the petitioner's ability to effectively participate in the legal process. After considering the circumstances, the court found the grounds for transfer to be valid and allowed the petition. Consequently, the matrimonial suit, originally titled Swapan Kumar Saha Vs. Kalpana Saha, was ordered to be transferred to the court in Guwahati to ensure that the petitioner could pursue her case without undue hardship. The decision underscored the court's commitment to facilitating access to justice for individuals facing logistical challenges in legal proceedings.
Headnote
A) Matrimonial Law - Transfer of Suit - Grounds for Transfer - Transfer of Petition (Civil) No. 338 of 2007 - The court considered the significant distance of approximately 1200 kms between the current jurisdiction and the proposed jurisdiction, which posed a difficulty for the petitioner. The court held that this constituted a valid ground for the transfer of the matrimonial suit to facilitate the petitioner's access to justice (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the matrimonial suit from Alipore to Guwahati should be allowed based on the distance involved.
Final Decision
The court allowed the transfer petition, ordering the matrimonial suit to be transferred from Alipore to Guwahati.
Law Points
- Transfer of matrimonial suit
- grounds for transfer
- distance considerations
