POMI SENGUPTA Vs. BISWAJIT SENGUPTA AND ORS.

JUDGEMENT

(1.) The main point for determination in this case is whether High Court in exercise of power under Section 24 of the Code of Civil Procedure can transfer a proceeding pending in one State to another court in another State merely because both the courts are under territorial jurisdiction of the same High Court. Considering the gravity of the point for determination, this court requested Mr. B Banerjee, learned senior counsel who was present in the court to render required assistance as Amicus Curiae and the learned senior counsel readily agreed to the request.

(2.) I have heard Mr. B Banerjee, learned senior counsel, Amicus Curiae Mr. K Doji for the respondents and Mr. Mr. R Dev on behalf of the petitioner.

(3.) The facts involved in the present proceeding is that opposite party Biswajit Sengupta who is a permanent resident of Tinsukia at present residing at Tezu in the State of Arunachal Pradesh in course of his employment. He married the petitioner herein on 17.4.2008 at Digboi within the State of Assam following Hindu rites. The parties started their matrimonial life at Shripuria Pathar in the District of Tinsukia and thereafter went to Tezu where the respondent No. 1 was residing because of his employment. It is alleged that since after marriage, the husband and his family members started torturing the wife and demanded dowry to the tune of Rs.50,000/- while the petitioner wife tolerated the torture meted out to her silently. A boy child was born to them on 20.7.2009 at IOC Hospital in Digboi in the State of Assam. Even the birth of a male child to a family did not improve the relation between the parties and it is alleged to have worsened further. The petitioner wife was physically and mentally tortured because of which she was compelled to leave her matrimonial house and returned to her paternal residence at Digboi on 12.9.2010. Barely three months have elapsed thereafter the husband/respondent No.1 instituted a divorce proceeding being T.S.(Divorce) No.12 of 2014 in the court of learned District Judge at Tezu in the State of Arunachal Pradesh and eventually a summon of the proceeding was served on the present petitioner. The petitioner immediately rushed to this High Court and filed an application under Section 24 of the Code of Civil Procedure praying for transfer of the proceeding from the court of learned District Judge at Tezu to the District Judge at Tinsukia on several grounds. She stated that she is under severe financial constraints and braving all odds, she managed to get a written statement filed at Tezu through a learned counsel but was not in a position to further contest the proceeding at Tezu inasmuch as she is a poor woman and that her six year old child is reading in Kindergarten class at Digboi. She does not have any source of income and has been living at the mercy of her parents. She further stated that her father is also a poor person being a painter by profession and is 75 years old. Her father has been suffering from various old age ailments and cannot support the petitioner financially or otherwise and under such circumstances, really the petitioner has been living at the mercy of her elder brother. On the other hand, respondent No.1 is a teacher of Government school and in addition to monthly salary of Rs.15,000/- he has also been earning about Rs.20,000/- from tuition. The respondent No.1 , therefore, shall have not difficulty in coming to his own home town for contesting the proceeding while the petitioner cannot go to Tezu for contesting the proceeding owing to her aforesaid difficulties. With these submissions on facts, petitioner prayed that the divorce proceeding pending in the court of learned District Judge at Tezu be transferred to the court of District Judge, Tinsukia in the State of Assam.