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SUPREME COURT OF INDIA
V.N. KHARE AND N. SANTOSH HEGDE, JJ.
Shyamali Ghosh, Petitioner
VERSUS
Sumit Kumar Ghosh, Respondent.
Transfer Petn. No. 997 of 1998, D/- 16-3-2000.
Transfer Petition - Matrimonial Suit Transfer - The court allowed the transfer of a matrimonial suit from one court to another based on the petitioner's difficulty in attending proceedings at the original court due to employment in a different city.
Fact of the Case:
The wife filed a transfer petition seeking to transfer a matrimonial suit from a court in Calcutta to a court in Gautam Budh Nagar, NOIDA (U.P.) due to her employment in Delhi making it difficult for her to attend the proceedings in Calcutta.
Finding of the Court:
The court, in an ex parte decision, allowed the transfer petition and transferred the matrimonial suit to the requested court in NOIDA, U.P.
Issues: The main issue was the transfer of the matrimonial suit from one court to another based on the petitioner's difficulty in attending proceedings at the original court due to employment in a different city.
Ratio Decidendi: The court considered the petitioner's difficulty in attending the proceedings at the original court due to employment in a different city as a valid ground for transferring the matrimonial suit to a more convenient location.
Final Decision: The transfer petition was allowed, and the matrimonial suit was transferred from the IVth Court of Additional District Judge, Alipore to the District Judge at Gautam Budh Nagar, NOIDA (U.P.).
Judgement
ORDER :- This transfer petition is at the instance of wife.
2. Despite service of notice, respondent has not put in appearance. We, therefore, proceed to finally dispose of this matter ex parte.
3. The respondent-husband has filed Matrimonial Suit No. 428/97 titled S. K. Ghosh v. Shymali Ghosh, pending before the District Judge, 24 Parganas (South) at Alipore (West Bengal). The said suit has subsequently been transferred to the IVth Court 3352 of Additional District Judge. Alipore and renumbered as Matrimonial Suit No. 45/98. The petitioner prays for transfer of the said case on the ground that she is employed in Delhi and it is very difficult for her to attend the day-to-day proceeding at Calcutta. No counter affidavit has been filed to deny the allegations stated in the petition.
4. We accordingly transfer the matrimonial Suit No. 45/98 pending before the IVth Court of Additional District Judge, Alipore to the District Judge at Gautam Budh Nagar, NOIDA (U.P.) who may either decide the case himself or transfer it to any other competent Court for decision.
5. The transfer petition is thus allowed.
Petition allowed.
FOR CITATION AIR 2000 SC 3351
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