SONALI CHANDA Vs. NARESH CH. DAS

JUDGEMENT

(1.) As per office report, respondent namely, Shri Naresh Ch. Das stands served. Despite service and repeated calls, he has chosen not to enter appearance, hence proceeded ex parte against him.

(2.) It is seen that the respondent-husband, Shri Dilip Debbarma filed an application for restitution of Conjugal Rights before the Court of District Judge, Gomati Tripura, Udaipur. It is also seen that the petitioner-wife namely, Smti. Sonali Chanda had instituted an application under Section 125 Cr. P.C against the respondent-husband. This was in the Court of Ld. Judicial Magistrate Court, 1st Class, Kailashahar, North Tripura being Case No. Cr. Misc. 36 of 2002. It is seen that marriage between the parties was solemnized on 16.08.1999 at the house of the present petitioner, the place where she is now residing. Noticeably, she alleges constructive desertion and is now residing at Kailashahar with her parents along with her daughter born out of the wedlock. It is also alleged that she has no source of income, whereas the husband is gainfully employed.

(3.) Well, without going into the correctness of such averments, considering the overall attending facts and circumstances application for transfer needs to be allowed, more so, finding the view of law laid down by the Apex Court in the case of Sumita Singh v. Kumar Sanjay and another; (2001) 10 SCC 41 where it is held that in a suit instituted by the husband against the wife, it is the convenience of the latter which must be looked into.