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2025 DAILYLAW 1489 (TRI)

Smt. Ankita Debnath v. Shri Subhrabitan Rudra

Tr.P.(C)./18/2024 · 2025-01-29

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Judgment text

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HIGH COURT OF TRIPURA AGARTALA Tr.P.(C) No.18 of 2024 Smt. Ankita Debnath, W/o Sri Subhrabitan Rudra, resident of Chanban, Master Para, P.O.- R.K. Pur, Udaipur Sub-Division, Gomati Tripura .........Petitioner(s); Versus Sri Subhrabitan Rudra, S/o Sri Subal Rudra, resident of Melaghar, Chandigarh, P.O. Melaghar, Sepahijala District. .........Respondent(s). For Petitioner(s) : Mr. Dalit Kalai, Advocate. For Respondent(s) : Mr. Dipjyoti Paul, Advocate. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 29/01/2025 Heard learned counsel for the petitioner Mr. Dalit Kalai and Mr. Deepjyoti Paul, learned counsel for the respondent. The marriage between petitioner-wife and respondent-husband was solemnized on 13.12.2013 as per Hindu Rites and Customs. A daughter was born on 16.09.2017 and another child was also born on 12.09.2018 out of the wedlock who are residing with the petitioner-wife who is living in estrangement due to torture since 16.06.2023. Meanwhile, petitioner-wife has received a notice in connection with TS (RCR) No. 20/2024 from the learned Family Court, Sonamura, Sepahijala District instituted by the respondent- husband. On the other hand, petitioner-wife has also filed Domestic Violence Case No.32/2024 in the Court of Judicial Magistrate, 1st Class, Gomati Tripura. She has also filed a maintenance case being Misc.(F.C.) 69/2024 before the learned Family Court, Udaipur, Gomati Tripura. Learned counsel for the petitioner-wife submits that petitioner is unable to attend to the proceedings of the matrimonial suit at Sepahijala as she has two minor children to maintain. Both the places are separated by some distance. As such, the petitioner-wife sought transfer of the case TS (RCR) 20/2024 from the learned Family Court, Sonamura, Sepahijala District to the learned Family Court, Udaipur, Gomati Tripura. The respondent-husband in any case has to attend to the proceedings of the maintenance case and the domestic violence case instituted by the petitioner-wife at Gomati District. The matrimonial suit is at the stage of appearance of parties. Therefore, the matrimonial suit may be transferred to the learned Family Court, Udaipur, Gomati Tripura. Mr. Deepjyoti Paul, learned counsel for the respondent, at the outset submits that the respondent does not have any objection to the transfer of the matrimonial suit from the learned Family Court, Sonamura, Sepahijala District to the learned Family Court, Udaipur, Gomati Tripura. Having regard to the facts and circumstances noted above and there being no objection to such prayer and also taking into consideration that petitioner-wife has the primacy of convenience in such matters, the application is allowed. Let the records of T.S. (R.C.R) 20 of 2024 be transferred from the learned Family Court, Sonamura, Sepahijala District to the learned Family Court, Udaipur, Gomati Tripura. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.01.30 13:30:42 +05'30'