MAYA CHOUDHURY Vs. SUDHIR CHANDRA CHOUDHURY

JUDGEMENT

(1.) This is a petition under Sec. 24 of the Code of Civil Procedure , 1908, hereafter the 'Code'. for transfer of Title Suit No. 10 of 1986 pending in the Court of the District Judge, Karimganj to the Court of the District Judge, Kamrup at Gauhati.

(2.) The petitioner is respondent in the aforesaid suit for divorce filed by the opposite party who is the husband of the petitioner. The petitioner wife has filed this petition for transfer of the aforesaid Suit, on the ground that since she was married at Pandu in Kamrup, and she resides at present at Pandu, Kamrup District, the suit for divorce under clauses (i) and (ii) of Sec. 19 of the Hindu Marriage Act, 1955 hereafter the 'Act' should have been filed at Gauhati, and secondly because the petitioner being a lady without financial resources, it shall be extremely difficult and also inconvenient for her to go to Karimganj and stay there for the purpose of defence in the said suit.

(3.) The opposite party who is a Railway employee has not appeared inspite of service of notice vide acknowledgement due card which shows that notice was served on the opposite party Sudhir Chandra Choudhury.