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Leena Mukherjee v. Rabi Shankar Mukherjee

Leena Mukherjee v. Rabi Shankar Mukherjee

(Supreme Court Of India)

Transfer Petition (Civil) No. 35 Of 2001 | 12-08-2002

(1) The petitioner is the wife of the respondent. The respondent has filed a matrimonial suit being HMA No. 748 of 2000, titled Rabi Shankar Mukherjee v. Leena Mukherjee in the Court of the learned Additional District Judge, Delhi. The petitioner is a resident of Durgapur, District Burdwan, West Bengal. She states that she is a distressed woman without any financial resources and that with the meagre income which she gets by way of maintenance, it is not possible for her to travel from Durgapur to Delhi to prosecute the case. She also submits that there is nobody to accompany her to Delhi. The above fact is not traversed in the counter-affidavit. Having regard to the cirsumstances, we think that it would be appropriate to order transfer of the matrimonial suit from the Court of the Additional District Judge, Delhi.

(2) Accordingly, HMA No. 748 of 2000 pending in the Court of the Additional District Judge, Delhi shall stand transferred to the District Judge, Burdwan, West Bengal, who may try the case himself or assign it to any other court having jurisdiction to try the case.

(3) The transfer petition is accordingly, allowed.

(4) No costs.

Advocate List
  • For the Appearing Parties --------------------
Bench
  • HON'BLE MR. JUSTICE S.M. QUADRI
  • HON'BLE MR. JUSTICE S.N. VARIAVA
Eq Citations
  • (2002) 10 SCC 480
  • LQ/SC/2002/793
Head Note

Civil Procedure Code, 1908 — S. 25 — Transfer of matrimonial suit — Petitioner wife resident of Durgapur District, Burdwan, West Bengal — Respondent husband filed matrimonial suit in Court of Additional District Judge, Delhi — Petitioner wife stated that she was a distressed woman without any financial resources and that with the meagre income which she got by way of maintenance it was not possible for her to travel from Durgapur to Delhi to prosecute the case — Held, it would be appropriate to order transfer of matrimonial suit from Court of Additional District Judge, Delhi to District Judge, Burdwan, West Bengal who may try the case himself or assign it to any other court having jurisdiction to try the case — Transfer of matrimonial suit — Family and Personal Laws — Hindu Marriage Act, 1955, Ss. 13, 10 and 12