The Calcutta High Court recently demonstrated leniency towards a wife by approving her request to transfer her divorce case from Coochebehar to Siliguri, where she currently resides. The decision was based on her claims of physical and financial hardships.
The wife’s lawyer argued that she had no source of income and that traveling over 155 kilometers for court proceedings was financially burdensome. Additionally, the wife expressed fears of physical assault by her husband.
The petitioner’s counsel referred to the Supreme Court’s decision in the case of Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi (2005), where the court ruled in favor of a wife facing similar financial difficulties. The Supreme Court had emphasized that in such situations, the wife’s convenience should be prioritized over that of the husband.
On the other hand, the husband’s lawyer argued that he was a low-income contractual laborer with medical expenses. Despite considering the financial and employment statuses of both parties, the Hon’ble Single Judge Justice Ananda Kumar Mukherjee decided to transfer the divorce case to the Siliguri Court.
Justice Mukherjee stated, “I’m inclined to draw support from the principle of ‘showing leniency towards the wife.’” The court also noted that it was the husband who had initially filed for divorce on the grounds of cruelty.
The court directed the District Judge of Darjeeling to assign the case to a competent Additional District Judge in Siliguri for trial and disposal.
Case Title: Transfer of Divorce Case from Coochebehar to Siliguri
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