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SANJAY KAROL, K. V. VISWANATHAN
Sharmishtha Das – Appellant
Versus
Mrinal Acharjee – Respondent
| Table of Content |
|---|
| 1. petition for transfer based on personal circumstances (Para 1 , 3) |
| 2. court's observations on transfer merits (Para 2 , 4 , 6 , 7) |
| 3. conclusion and transfer order details (Para 5 , 8) |
ORDER :
1. This petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of Original Suit No. 1018 of 2022 titled " Mrinal Acharjee Vs. Sharmishtha Das ', pending before the Court of Additional Principal Judge, Additional Family Court, Dhanbad, Jharkhand to the Court of the learned District Court at Serampore, Hooghly, West Bengal.
2. Despite repeated calls and pass over, none enters appearance on behalf of the respondent.
3. The grounds raised by the petitioner-wife for seeking the transfer are; she has to take care of her widowed mother and her ailing son ; she fears life threat from the respondent and his family if she visits Dhanbad and, also on account of long distance, she is unable to effectively defend the proceedings initiated by the respondent at Dhanbad.
4. On such consideration, we are of the view that the transfer can be allowed. Consequently, the Transfer Petition is allowed.
5. Accordingly, Original Suit No. 1018 of 2022 titled " Mrinal Acharjee Vs.
The court has the discretion to transfer a marriage case from one jurisdiction to another under the Hindu Marriage Act, considering the convenience and practicality for the parties involved.
Transfer of cases between jurisdictions is permitted under specific sections of the CPC when justified by grounds presented by the parties.
Transfer of family law proceedings denied when no compelling justification presented; expenses for virtual attendance permitted.
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