HIGH COURT OF TRIPURA AGARTALA Tr.P.(C) No.16/2025 Smt. Malabika Das, W/O. Sri Biswajit Debnath, D/O. Sri Subal Ch. Das, a resident of New Capital Complex, Shyamalima Apartment, P.S.-Kunjaban, District-West Tripura. ……… Petitioner(s). V E R S U S Sri Biswajit Debnath, S/O. Sri Narayan Debnath, a resident of West Kalachara (Santir Bazar), P.S.-Santirbazar, P.O.-Santirbazar, Pin-799143, District-South Tripura. ……… Respondent(s). For Petitioner(s) : Mr. Soumyadeep Saha, Advocate. For Respondent(s) : None. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 10/07/2025 Heard Mr. Soumyadeep Saha, learned counsel for the petitioner- wife. Respondent has chosen not to appear despite valid service of notice and indulgence granted on the previous date. Petitioner-wife seeks transfer of T.S. (R.C.R) 18 of 2024 from the learned Family Court, South Tripura, Belonia to the learned Family Court, West Tripura, Agartala. Marriage between the parties was solemnized on 03.07.2021. Petitioner-wife was forced to leave the matrimonial home due to physical and mental torture by the respondent-husband on 14.05.2024. Thereafter she has filed a complaint at Santirbazar Police Station. Petitioner is residing with her minor son at her parents place in West Tripura District. Therefore, it would be difficult for her to contest the suit before the learned Family Court, South Tripura, Belonia and it may end in miscarriage of justice. Therefore, petitioner has approached this Court for transfer of the matrimonial suit to the learned Family Court, West Tripura, Agartala. Learned counsel for the petitioner submits that since the petitioner is alone, the restitution suit may, therefore, be transferred to the learned Family Court, West Tripura, Agartala otherwise it may remain uncontested for the aforesaid reasons. There is no opposition to the prayer as despite valid service of notice, respondent has chosen not to appear. Having considered the submission of learned counsel for the petitioner and the aforesaid facts and circumstances, this Court is of the view that if the matrimonial suit i.e., T.S. (R.C.R) 18 of 2024 is not transferred from the learned Family Court, South Tripura, Belonia to the learned Family Court, West Tripura, Agartala, the petitioner may not be able to properly contest the suit as both the places are separated by a considerable distance. Moreover, petitioner also has a minor son to maintain. In such cases, primacy of convenience lies in favour of the petitioner-wife As such, this Court is satisfied that the petitioner has made out a case of transfer of the matrimonial suit from the Court of learned Family Court, South Tripura, Belonia to the learned Family Court, West Tripura, Agartala. Let the records of T.S. (R.C.R) 18 of 2024 be transferred from the Court of learned Family Judge, South Tripura, Belonia to the Court of learned Family Judge, West Tripura, Agartala forthwith. Ordered accordingly. The transfer petition is accordingly disposed of. (APARESH KUMAR SINGH), CJ Pulak PULAK BANIK Digitally signed by PULAK BANIK Date: 2025.07.11 14:43:49 +05'30'