Swati Bose v. Pijush Bose, (SC)
BS155905
SUPREME COURT OF INDIA
Before:- R.C. Lahoti and Brijesh Kumar, JJ.
Transfer Petn. (C) No 99 of 2000. D/d.
4.12.2000.
Swati Bose - Petitioner
Versus
Pijush Bose - Respondent
Hindu Marriage Act, 1955, Section 13 - Civil Procedure Code, 1908, Section 25 - Transfer of Case - Divorce - Matrimonial proceedings filed by the husband before Family Court at Lucknow in U.P. - Sought to be transferred by wife to the Court at Krishna Nagar in West Bengal - Divorce sought by the husband on the allegation that wife was a psychiatric patient - Wife will have inconvenience in travelling long distance - She was unemployed and a helpless lady - Petition directed to be transferred.
[Para 3]
Cases Referred :-
Pijush Bose v. Swati Bose, R.S. No. 957 of 1999.
ORDER
This is a petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of R.S. No. 957 of 1999 (Pijush Bose v. Swati Bose) filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, Lukhnow, U.P. to the Court of District Judge, Nadia at Krishnanagar (West Bengal).
2. We have heard learned counsel for the parties.
3. The petitioner-wife is alleged, by the respondent, to be psychiatric patient. Obviously, it will be highly inconvenient for the petitioner-wife to travel from West Bengal to Lucknow for the purpose of contesting the suit filed against her. It is also alleged, on affidavit, that the petitioner is an unemployed and helpless lady having no means to contest the case by covering the long distance between Krishnanagar and Lucknow.
4. Looking to the convenience of the parties, the transfer petition is allowed. It is directed that R.S. No. 957 of 1999 (Pijush Bose v. Swati Bose) shall stand transferred from the Family Court, Lucknow, U.P. to the Court of District Judge, Nadia at Krishnanagar (West Bengal). The District Judge may try the suit himself or make it over for trial to a court of competent jurisdiction under him.
5. Accordingly, the transfer petition is allowed. There will be no order as to costs.
Petition allowed.