ORDER

1. HEARD LEARNED COUNSEL FOR THE PARTIES.

2. THIS PETITION IS FILED BY THE WIFE SEEKING TRANSFER OF TITLE SUIT (DIVORCE) NO. 11 OF 2003 TITLED AS GOURAB CHOUDHURY V. SOMA CHOUDHURY PENDING BEFORE THE COURT OF DISTRICT JUDGE, SOUTH TRIPURA, UDAIPUR (TRIPURA) TO THE FAMILY COURT AT ALIPORE (WEST BENGAL) ON THE GROUNDS THAT THE PETITIONER HAS TO TRAVEL THE DISTANCE OF ABOUT 1700 KM FROM HER PRESENT RESIDENCE IN WEST BENGAL TO ATTEND THE COURT PROCEEDINGS AT TRIPURA; SHE HAS NO SOURCE OF INCOME WHATSOEVER AND SHE IS ENTIRELY DEPENDENT UPON HER FATHER, WHO IS A RETIRED GOVERNMENT SERVANT; SHE HAS ALREADY INITIATED PROCEEDINGS UNDER SECTION 125, CRIMINAL PROCEDURE CODE ("CRPC" FOR SHORT) FOR MAINTENANCE FROM THE RESPONDENT WHICH ARE PENDING IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT ALIPORE (WEST BENGAL) AND THAT THE RESPONDENT IS A WEALTHY PERSON.

3. LEARNED COUNSEL FOR THE RESPONDENT HUSBAND RESISTED THE PETITION ON THE GROUND THAT THERE IS A THREAT TO HIS LIFE WHEN HE GOES TO ATTEND THE COURT AT WEST BENGAL.

4. HAVING REGARD TO THE GROUNDS ON WHICH THE TRANSFER PETITION IS FILED THAT THE PETITIONER HAS NO SOURCE OF INCOME, HAS ALREADY INITIATED PROCEEDINGS UNDER SECTION 125 CRPC, WHICH THE RESPONDENT IS CONTESTING AND ALSO TAKING NOTE OF THE FACT THAT THE PETITIONER IS A YOUNG LADY, IT IS DIFFICULT FOR HER TO TRAVEL TO ATTEND THE COURT PROCEEDINGS AT TRIPURA, IT IS JUST AND APPROPRIATE TO ALLOW THE PETITION. IF THE RESPONDENT HAS ANY THREAT TO HIS LIFE, HE CAN TAKE POLICE HELP BY MAKING AN APPROPRIATE APPLICATION TO THE POLICE STATION CONCERNED.

5. UNDER THE CIRCUMSTANCES, WE ALLOW THE TRANSFER PETITION. TITLE SUIT (DIVORCE) NO. 11 OF 2003 TITLED AS GOURAB CHOUDHURY V. SOMA CHOUDHURY PENDING BEFORE THE COURT OF DISTRICT JUDGE, SOUTH TRIPURA, UDAIPUR (TRIPURA) SHALL STAND TRANSFERRED TO THE FAMILY COURT AT ALIPORE (WEST BENGAL). NO COSTS.