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Leena Mukherjee v. Rabi Shankar Mukherjee .
Factual and Procedural Background
The petitioner (wife) sought transfer of a matrimonial suit filed by the respondent (husband), being HMA No. 748 of 2000 titled Rabi Shankar Mukherjee v. Leena Mukherjee, pending before the learned Additional District Judge, Delhi. The petitioner resides in Durgapur, District Burdwan, West Bengal, and stated she was distressed, without financial resources, and that her maintenance income was insufficient to enable travel from Durgapur to Delhi to prosecute the case. She also stated that there was nobody to accompany her to Delhi. These assertions were not traversed in the counter-affidavit.
Legal Issues Presented
- Whether HMA No. 748 of 2000 pending before the Additional District Judge, Delhi should be transferred to a court in Burdwan, West Bengal in view of the petitioner's asserted inability to travel and prosecute the matter in Delhi.
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 noted the petitioner's circumstances: she resided in West Bengal, claimed to be a distressed woman without financial resources, stated that the maintenance she received was insufficient to fund travel from Durgapur to Delhi to prosecute the case, and that she lacked an accompanying person for travel to Delhi. The court specifically observed that these facts were not traversed in the counter-affidavit. Having regard to these circumstances, the court concluded that it was appropriate to transfer the matrimonial suit out of the Delhi court.
Holding and Implications
ALLOWED (TRANSFER ORDERED): HMA No. 748 of 2000 pending before the Additional District Judge, Delhi was ordered to stand transferred to the District Judge, Burdwan, West Bengal, who may try the case or assign it to any other court having jurisdiction.
The direct effect is that further proceedings in the matrimonial suit will take place under the District Judge, Burdwan (or a designated competent court there), reducing the petitioner's burden of travel to Delhi. The order imposed no costs, and the opinion does not indicate that any broader legal principle or new precedent was laid down.
Order
1. The petitioner is the wife of the respondent. The respondent has filed a matrimonial suit being HMA No. 748 of 2000, titled Rabi Shankar Mukherjee v. Leena Mukherjee in the Court of the learned Additional District Judge, Delhi. The petitioner is a resident of Durgapur, District Burdwan, West Bengal. She states that she is a distressed woman without any financial resources and that with the meagre income which she gets by way of maintenance, it is not possible for her to travel from Durgapur to Delhi to prosecute the case. She also submits that there is nobody to accompany her to Delhi. The above fact is not traversed in the counter-affidavit. Having regard to the circumstances, we think that it would be appropriate to order transfer of the matrimonial suit from the Court of the Additional District Judge, Delhi.
2. Accordingly, HMA No. 748 of 2000 pending in the Court of the Additional District Judge, Delhi shall stand transferred to the District Judge, Burdwan, West Bengal, who may try the case himself or assign it to any other court having jurisdiction to try the case.
3. The transfer petition is accordingly, allowed.
4. No costs.
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