TUMPA ROY (SHIL) Vs. SUMAN KR. SHIL

JUDGEMENT

(1.) Order 03/05/2019 On 16.04.2019 following order was passed:

(2.) Petitioner, Smt. Tumpa Roy (Shil), has filed a petition under Section 24 of the Code of Civil Procedure (CPC) seeking transfer of a suit being T.S. (RCR) No.37/2018, titled as Sri Suman Kr. Shil vs. Smti. Tumpa Roy, filed by the respondent-husband namely Sri Suman Kr. Shil under the provisions of Section 9 of the Hindu Marriage Act from the Court of Family Judge (for Sub-Divisions Kumarghat and Kailashahar), Unakoti District, Kailashahar to the Court of District Judge, North Tripura, Dharmanagar.

(3.) At Dharmanagar, there is no Family Court and District Judge is the competent authority under the Act to try the suit/ proceedings initiated by the respondent-husband Petitioner, who is a housewife, alleges constructive desertion on the part of her husband, forcing her to live with her parents at Dharmanagar. She is dependent upon her father for everything and has no independent income of her own.