Case Note & Summary
The case involved a transfer petition filed by Smt. Priyanka Biswas seeking the transfer of her matrimonial suit from the Court of Family Judge, Barasat, West Bengal to the Court of Family Judge, Ara, Bihar. The petitioner alleged that she was kidnapped by the respondent and others while returning from college and was forcibly taken to West Bengal where a ransom was demanded from her family. She claimed that under duress, her signatures were obtained to falsely indicate marriage to the respondent. After managing to escape, she expressed fear for her safety if required to return to West Bengal, citing her father's old age and her lack of resources to travel or secure legal representation. The respondent did not contest these claims, leading the court to accept the petitioner's assertions as true. The court found the grounds presented sufficient to warrant the transfer of the case to ensure the petitioner's safety. Consequently, the court allowed the transfer of the matrimonial case to Bihar without imposing any costs.
Headnote
A) Family Law - Transfer of Matrimonial Suit - Grounds for Transfer - Transfer Petition (Civil) - Petitioner sought transfer of matrimonial suit citing threats to her safety and inability to travel alone - Court accepted the petitioner's claims as true due to absence of respondent and allowed the transfer for her protection. (Paras Not mentioned)
Issue of Consideration
Whether the matrimonial suit should be transferred from West Bengal to Bihar due to safety concerns of the petitioner.
Final Decision
The court allowed the transfer of Matrimonial Suit No. 466 of 2004 from Barasat, West Bengal to Ara, Bihar, citing safety concerns for the petitioner and the absence of any contest from the respondent.
Law Points
- Transfer of matrimonial suit
- safety concerns
- absence of respondent
- kidnapping allegations
