HIGH COURT OF TRIPURA AGARTALA Tr.P.(C) No.14 of 2025 Smt. Moumita Saha, W/o Sri Swarajit Shil, D/o Sri Bidyut Krishna Saha, resident of Jagaharimura (Near Soraj Sangha Club), PS- East Agartala, District- West Tripura, Pin-799001 .........Petitioner(s); Versus Sri Swarajit Shil, S/o Sri Niranjan Shil, resident of Vivekananda Nagar, P.O. Ambassa, P.S. Ambassa, District- Dhalai Tripura, Pin-799289 .........Respondent(s). For Petitioner(s) : Mr. Samrat Ghosh, Advocate. For Respondent(s) : Mr. Sankar Lodh, Advocate, Mr. Subham Majumder, Advocate. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 16/05/2025 Heard Mr. Samrat Ghosh, learned counsel for the petitioner and Mr. Sankar Lodh, learned counsel for the respondent upon notice. Petitioner-wife seeks transfer of T.S. (R.C.R) 03 of 2024 from the learned Family Court, Dhalai Judicial District, Ambassa to the learned Family Court, West Tripura, Agartala. Petitioner was married to the respondent on 21.07.2016 and a son has been born out of the wedlock in the year 2020. Respondent-husband has alleged extra marital affairs of the wife with someone else. Petitioner-wife alleges that the husband is always intoxicated and has been perpetrating mental and physical torture. As a result of the assault, she left the matrimonial home for her parental home on 24.09.2022. She is without any sources of income. Therefore, learned counsel for the petitioner submits that it would be difficult for her to contest the suit if not transferred from the learned Family Court, Dhalai Judicial District, Ambassa to the learned Family Court, West Tripura, Agartala. Learned counsel for the petitioner submits that it would be indeed onerous for the petitioner to contest the suit if it is not transferred to learned Family Court, West Tripura, Agartala as petitioner is without any sources of income and at the same time it is difficult for her to commute alone to Ambassa to attend the proceedings of matrimonial suit instituted by the husband as both the places are separated by a considerable distance. Learned counsel for the respondent has objected to the prayer. However, on consideration of rival submission of the parties and the materials placed from record, this Court finds that petitioner is living with a minor son born out of the wedlock with the respondent and is without any sources of income. She may, therefore, not be able to attend the proceedings of the matrimonial suit before the learned Family Court, Dhalai Judicial District, Ambassa and it may lead to miscarriage of justice. In such cases, the primacy of convenience is in favour of the wife. As such, the prayer is allowed. The instant petition stands disposed of. Let the records of T.S. (R.C.R) 03 of 2024 be transferred from the learned Family Court, Dhalai Judicial District, Ambassa to the learned Family Court, West Tripura, Agartala. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.05.17 11:29:56 +05'30'