KUNDAN GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner prays for stay of the movement order dated 12th March, 2013 whereby he stands posted to Barrackpore with effect from 24th June, 2013. The primary ground urged by the petitioner in support of his writ petition is that he has to attend the case which has been filed by his wife Smt. Aliva Ghosh in the Supreme Court of India which he states is listed on 22nd July, 2013.

(2.) In the hearing before us today, Mr. Subhasish Bhowmick, Advocate has appeared and informed that he represents the wife of the petitioner - Smt. Aliva Ghosh, in T.P.(Civil)No.236/2013 in the Supreme Court of India. He submits that the petitioner's wife is a resident of Bharatpur and has been compelled to initiate the following cases against the petitioner.

(3.) It is contended that in retaliation, the petitioner has filed a divorce petition and another petition seeking custody of the only son of the party in Delhi. It has been contended that petitioner's wife is not employed and is a home maker and in these circumstances was compelled to file the above cases against the petitioner. In the above circumstances, she has also been compelled to defend the litigation in Delhi. He submits that given her circumstances, Ms.Aliva Ghosh has been constrained to seek transfer of the two cases filed by the petitioner at Delhi to Bhartpur by the transfer petition filed by her in the Supreme Court of India.