The Calcutta High Court has shown leniency towards a wife’s request to transfer her divorce case from Coochebehar to Siliguri, where she currently lives. The wife cited financial difficulties and the physical hardship of traveling over 155 kilometers as the main reasons for her plea. She also expressed fears of potential physical assault by her husband.
The wife’s lawyer referred to a previous Supreme Court ruling in the case of Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi (2005), where the Court prioritized the wife’s convenience in similar circumstances. In that case, the Supreme Court found that the wife and her brother, with whom she was staying, lacked the financial resources to contest the divorce case in Mumbai.
The husband’s lawyer argued that he was a low-income contractual laborer with medical expenses, which also posed a financial burden.
After considering the financial and employment status of both parties, Justice Ananda Kumar Mukherjee of the Calcutta High Court ruled in favor of transferring the case to Siliguri. The Court stated, “I’m inclined to draw support from the principle of showing leniency towards the wife.”
It was noted that the husband had filed for divorce on grounds of cruelty. The Court directed that the District Judge of Darjeeling should assign the case to a competent Additional District Judge in Siliguri for trial and resolution.
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