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2004 Supreme(Gau) 336

P.P.NAOLEKAR
Rosalind Margaret Baksh – Appellant
Versus
District Judge – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: J. Roy and S. Munir, Advs.
For Respondents/Defendant: T.J. Mahanta and P. Bhattacharya, Advs.

JUDGMENT

P.P. Naolekar, J.

1. Heard Mr. J. Roy, learned counsel for the petitioner and Mr. T.J. Mahanta, learned counsel for the respondent.

2. This petition under Section 24 CPC is filed by the wife for transfer of the suit filed by the husband, for judicial separation, in the Court of the District Judge, Golaghat to the Family Court at Guwahati on the ground that the petitioner resides at Guwahati and has a four months old daughter and, therefore, it is difficult for her to travel from Guwahati to Golaghat to contest the matter of Golaghat.

3. Whenever a party approach the court or is called upon to defend in the court, some sort of inconvenience is unavoidable and the inevitable result of the parties have to adjust their affairs in accordance with the schedule fixed by the Court in a case, but that cannot be a ground for transfer of a case from one court, having jurisdiction to try the proceedings, to some other court, having territorial jurisdiction or not. The inconvenience or difficulty contemplated under Section 24 CPC for transfer of a case should be of such nature which may lead to injustice, if the party is asked to continue the trial at a place, where it has been instituted,




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