EVA DEY Vs. BAPPI DEY

JUDGEMENT

(1.) This is an application made under Section 24, read with Section 151 of the Code of Civil Procedure, seeking transfer of the application, made, under Section 13 of the Hindu Marriage Act, by the opposite party herein seeking dissolution of her marriage with the present petitioner, the application having given rise to Title Suit (Divorce) No. 10/2009, in the court of the learned Additional District Judge (FTC), Hojai.

(2.) Heard Ms. B. Acharya, learned Counsel for the petitioner, and Mr. I. Uddin, learned Counsel for the opposite party.

(3.) For the purpose of seeking transfer of the said suit, from Hojai, to the District Judge, Jorhat, the petitioner's case, in brief, is thus: The petitioner and the opposite party herein are legally wedded husband and wife and a male child was born to them on 23.10.2002. The child is, how, about 7 years old. There is no male member in the parental family of the petitioner and her father works in the State of Arunachal Pradesh, there is no earning member in her family except her father and, hence, the petitioner, having no independent source of livelihood, has been facing extreme financial hardship in maintaining herself and her child, who is blind and studies, at Jorhat, in a school, meant for blind children. On an application seeking maintenance having been made by the petitioner under Section 125, Cr.PC, the opposite party has been directed to pay maintenance allowance @ Rs. 2,000 per month. Though the opposite party filed a revision against the order so granting maintenance, the revision has been dismissed. The petitioner does not have any male member to accompany and escort her from Jorhat to Hojai to attend to the court proceedings, at Hojai, and there is no person to look after the petitioner's blind child.