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Smt. Rita Barua v. Siddartha Barua
Factual and Procedural Background
The petitioner-wife and respondent-husband were married on 11 May 1987 and have a male child, approximately six years old at the time of the order. Marital relations deteriorated, prompting multiple litigations:
- Petitioner filed a criminal case under Sections 498A/342/34 IPC and a maintenance petition under Section 125 Cr.P.C., both pending before courts at Alipore, West Bengal.
- Respondent initiated three separate proceedings in Dibrugarh, Assam: (i) a custody matter (Misc. Case 26/93), (ii) a complaint case (Crl. Case 2387/1992), and (iii) a divorce petition under Section 13(1)(ib) of the Hindu Marriage Act.
The petitioner filed the present transfer petitions seeking to move the respondent’s three Dibrugarh cases to Alipore. Counters were filed by the respondent. The Supreme Court heard both sides and issued the present order.
Legal Issues Presented
- Whether the three matters instituted by the respondent-husband in Dibrugarh, Assam, should be withdrawn and transferred to the District & Sessions Judge, Alipore, West Bengal.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court explicitly refrained from commenting on the merits of the matrimonial or criminal allegations. After considering the submissions and the procedural convenience of consolidating related matters, it found it “appropriate” to withdraw all three respondent-initiated cases from the various courts in Dibrugarh and transfer them to the District & Sessions Judge, Alipore. The Court directed immediate transmission of records, issuance of notices by the transferee court, and urged that court to explore reconciliation between the parties and dispose of the matters expeditiously.
Holding and Implications
ALLOWED – All transfer petitions are granted.
Consequences: (1) The custody case, complaint case, and divorce proceedings brought by the respondent are withdrawn from Dibrugarh courts and transferred to the District & Sessions Judge, Alipore, who may either hear them or assign them to a competent subordinate court. (2) The Dibrugarh courts must forward the records without delay, and the transferee court must proceed promptly. (3) No costs were awarded. The order affects only venue; it does not establish new substantive precedent.
1. This order will dispose of Transfer Petition (C) Nos. 258-259 of 1997 and 785-786 of 1998. Both petitions have been filed by the petitioner-wife.
2. Marriage between the parties was solemnised on 11th May, 1987 and a male child was out of this wedlock who is stated to be about six years old. Relations between the parties got strained and the petitioner filed a Criminal Case against the Respondent and her in-laws alleging offences under Section 498A/342/34 I.P.C. That case is pending before the learned S.D.J.M., Alipore. The Petitioner has also filed a petition under Section 125 Cr.P.C. seeking maintenance and that petition is also stated to be pending in the Court of the learned Judicial Magistrate, Alipore. Subsequent to the filing of these petitions the Respondent filed a complaint case being Crl. Case No. 2387 of 1992 at Dibrugarh against the Petitioner-wife. He has also filed a petition seeking divorce from the Petitioner under Section 13(1)(ib) of the Hindu Marriage Act, which is pending in the Court of Additional District Judge, Dibrugarh. Besides, a Misc. Case No. 26 of 1993 has also been filed by the respondent against the petitioner in connection with the custody of the child, which is pending before the learned District Judge at Dibrugarh.
3. Through the medium of these petitions, the petitioner-wife seeks transfer of all the three cases filed by the Respondent-husband, which are pending in different Courts at Dibrugarh, Assam.
4. Counters have been filed.
5. After hearing learned Counsel for the parties, but without expressing any opinion either on the merits of the controversy or the allegations made in, the Transfer Petitions, which have been denied in the counter affidavit, it appears appropriate to us to withdraw the cases filed by the Respondent-husband, from the different Courts at Dibrugarh, Assam transfer the same to the Court of learned District and Sessions Judge, Alipore.
6. The following cases:
(1) Misc, Case No. 26/93 titled Sidhartha Barua v. Rita Barua pending before the District Judge Dibrugarh:
(2) Complaint Case No.C. 2387/192 titled Sidhartha Barua v. Rita Barua pending before the Judicial Magistrate, Dibrugarh: and (3) Divorce proceedings being T.D.S.No. 45 of 195 titled Sidhartha Barua v. Rita Barua. pending before the District Judge, Dibrugarh:
are withdrawn from the respective courts where the same are pending and transferred to the learned District and Sessions Judge, Alipore, who may either hear the case himself or assign them to a Court of competent jurisdiction under him.
7. The record of the cases shall be sent by the above-mentioned Courts at Dibrugarh to the transferee Court without any delay. The transferee Court shall issue notice to the parties and expeditiously dispose of the matters.
8. During the pendency of proceedings in this Court, efforts were made for reconciliation between the parties. Those efforts, however did not yield any results. The transferee Court may explore the possibility of reconciliation.
9. All the transfer petitions are, accordingly, allowed. No costs.
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