KEYA ANKAN SAHA Vs. ANKAN K SAHA

JUDGEMENT

(1.) This is a transfer petition filed by the wife for transfer of a divorce petition filed by the respondent-husband :n the court of the Civil Judge, Thane, Bombay. It is the case of the wife that she is staying with her three-year old son at Alipore, Calcutta with her maternal uncle. She is without an independent source of income so that she cannot spend on travelling up and down to defend the divorce proceeding in Bombay nor is there any place for her to stay there. Her father is old and cannot afford to accompany her. It is also pointed out that she had filed maintenance proceedings in Alipore which were contested by the respondent-husband. It is contended on behalf of the husband that he is working while she is not and that she can contact the appropriate legal aid cell to defend her in Bombay. The submission overlooks the fact that she would have to go to Bombay to give instructions and to give evidence.

(2.) We think that, it the circumstances, the transfer petition should be allowed. Marriage Petition No. A-189 of 1998 pending in the court of the Civil Judge, Thane, Bombay shall stand transferred to the court of the District Judge, Alipore, Calcutta, who may decide the same himself or assign it for trial to an another competent court.

(3.) No order as to costs.