Calcutta High Court Transfers Divorce Case to Siliguri in Favor of Wife
The Calcutta High Court recently granted a wife’s plea to transfer her divorce case from Cooch Behar to Siliguri, where she currently resides. The court considered her financial and physical hardships and prioritized her convenience over the husband’s.
Background of the Case
The wife filed a petition requesting the transfer of her divorce case, which was initiated by her husband on grounds of cruelty. She argued that traveling over 155 kilometers to Cooch Behar for the proceedings was financially and physically burdensome, especially as she lacked a steady income. She also expressed concerns about potential physical assault by her husband.
Court’s Observations and Ruling
Justice Ananda Kumar Mukherjee, presiding over the case, examined the financial and employment conditions of both parties. The court found merit in the wife’s plea and referenced a precedent set by the Supreme Court in Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi (2005). In that case, the Supreme Court ruled that the convenience of the wife should take precedence, particularly when financial constraints exist.
Although the husband, a contractual laborer, argued he had marginal income and medical expenses, the court determined that the wife’s hardships outweighed his challenges.
Leniency Towards the Wife
The court emphasized the principle of showing leniency towards the wife in cases where financial or physical hardships are evident. Justice Mukherjee stated, “I’m inclined to draw support from the principle of showing leniency towards the wife.”
Final Decision
The court directed the District Judge of Darjeeling to assign the case to a competent Additional District Judge in Siliguri for further trial and disposal. This decision aimed to reduce the wife’s financial and physical burden while ensuring a fair trial process.
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