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2025 DAILYLAW 362 (TRI)

Smt. Priya Sinha v. Shri Tampha Singha

Tr.P.(C)./2/2025 · 2025-02-19

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA Tr.P.(C) No.02 of 2025 Smt. Priya Sinha, W/o Sri Tampha Singha, D/o Sri Kamal Sinha of Kumarghat S.E. Complex (Sarat Sarani), P.S. Kumarghat, Dist- Unakoti, Tripura .........Petitioner(s); Versus Sri Tampha Singha, S/o Shri Kamala Kanta Singha of Vill. East Avanga, P.S. Salema, Dhalai, Tripura .........Respondent(s). For Petitioner(s) : Ms. Paramita Sen, Advocate. For Respondent(s) : None. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 19/02/2025 Despite valid service of notice upon the respondent, he has not appeared. Heard Ms. Paramita Sen, learned counsel for the petitioner. Petitioner-wife seeks transfer of T.S. (Divorce) 09 of 2024 from the Court of learned Additional District & Sessions Judge, Kamalpur, Dhalai District to the Court of learned District Judge, Unakoti District as she is residing with her father at Kumarghat under Unakoti District. Marriage between the parties was solemnized on 09.03.2023. Thereafter due to mental and physical torture, she was compelled to move out of the matrimonial home. She does not have any independent source of income. Therefore, she has prayed for transfer of T.S. (Divorce) 09 of 2024 to the Court of learned District Judge, Unakoti District. There is no opposition to the prayer since respondent has not chosen to contest even after service of notice. Upon hearing learned counsel for the petitioner and after taking note of the relevant pleadings placed from record, in such matters the primacy of convenience being in favour of the wife, this Court is inclined to accept the prayer though the two places – Kamalpur and Kumarghat – are not separated by considerable distance. By the same reasoning it would not be onerous for the respondent-husband to prosecute the suit if it is transferred from the Court of learned Additional District & Sessions Judge, Kamalpur, Dhalai District to the competent Court in Unakoti District. Ordered accordingly. The instant petition is disposed of. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.02.20 15:45:15 +05'30'