The inconvenience of wife should be treated as the prime consideration in transfer petitions arising out of a matrimonial suit: Kolkata HC

In Sanchayita Deb (Guha) Vs. Susanta Deb, two applications under Section 24 of the Code of Civil Procedure filed by the petitioner for transfer from Jalpaiguri to Durgapur. One application for transfer of Matrimonial Suit and another for transfer of a Miscellaneous Case for custody of the minor child. The marriage of the petitioner was solemnized with the respondent under the Special Marriage Act. And she gave birth to a boy.

During the subsistence of marriage with the petitioner, the respondent has performed a second marriage and tried to kill the petitioner by smothering her with a pillow.

The petitioner came to learn after receiving the summons that her husband has filed a Matrimonial Suit. The petitioner has filed an application for maintenance under Section 125 of the Code of Criminal Procedure against the respondent. But the respondent neglected to pay any maintenance for her and their minor child. 

A miscellaneous case was filed by the respondent under Section 12 and 25(1) of the Guardians and Wards Act, 1890 praying for custody of the minor child.

The High Court held that as the petitioner has sought for transfer of the matrimonial suit mainly on the ground of distance of Jalpaiguri and Durgapur which is more than 600 Km. It was not financially possible for her to bear the expense as she has no source of income. Therefore, her plea to transfer the suit is allowed.

The High Court held that the minor child of the parties ordinarily resides at Durgapur with his mother. He is studying at Durgapur. Therefore, for the benefit of the minor child, the said miscellaneous case ought to be transferred to Durgapur for hearing and disposal.