LAWS(GAU)-2002-12-13

BHARTI BHATTACHARJEE Vs. DEBOTOSH BHATTACHARJE

Decided On December 19, 2002
BHARATI BHATTACHARJEE Appellant
V/S
DEBOTOSH BHATTACHARJEE Respondents

JUDGEMENT

(1.) By this application under section 24 of the Code of Civil Procedure, the petitioner wife seeks the transfer of the proceedings registered as Divorce Suit No. 5{H) of 1997 pending before the learned District Judge, East Khasi. Hills District at Shilling. The aforesaid proceeding for divorce has been instituted before the learned District Judge at Shilling by the respondent-bus band. It may be noticed herein that the petitioner seeks transfer of the said proceeding from the Court at shilling of the Family Court at Guwahati as she is residing at Guwahati.

(2.) The grounds on which the transfer of the present divorce suit has been sought are that the petitioner, apart from, having a 17 year-old son has no male member in her family to look after her. She is living at Guwahati with her aged and ailing mother and as she has no regular source of income, it would not be possible for her to go to Shilling for conducting the case and also to take her witnesses of Shilling for examination in the proceeding in question. The petitioner has further averred that she is suffering from acute bronchial problems and she has been advised by her doctor not to visit any high altitude station.

(3.) The application for transfer is net opposed. Though the notices have been served, the respondent has chosen not to contest the proceeding.