Calcutta High Court Transfers Divorce Case to Siliguri, Cites Hardship Faced by Wife
The Calcutta High Court has recently allowed a woman’s request to transfer a divorce case filed by her husband from Cooch Behar to Siliguri, where she currently lives.
The wife approached the court, stating that she is financially dependent and has no income. She said that traveling over 155 km to attend court hearings was physically exhausting and financially unaffordable. She also expressed fear of being physically assaulted by her husband.
Her lawyer referred to the Supreme Court’s ruling in Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi (2005). In that case, the top court held that when a wife is financially weak, her convenience should be given preference over the husband’s.
The husband’s lawyer argued that he is a contractual laborer with limited income and also has medical expenses to manage.
After hearing both sides, Justice Ananda Kumar Mukherjee considered the financial situation and employment status of the parties. The Court ruled in favor of the wife and transferred the divorce suit to Siliguri Court, stating:
“I am inclined to draw support from the principle of showing leniency towards the wife.”
The Court also noted that it was the husband who filed for divorce on the grounds of cruelty.
As a result, the High Court directed the District Judge of Darjeeling to assign the case to a competent Additional District Judge in Siliguri for further trial and disposal.
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