PINKY PAUL DAS Vs. SUMIT KUMAR DAS

JUDGEMENT

(1.) Invoking power under Section 24 of the Code of Civil Procedure, the petitioner, who is the wife of the respondent herein has sought for a transfer of Title Suit (Divorce) 35 of 2008 titled Dr. Sumit Kumar Das Vs. Smti. Pinky Paul Das pending in the court of learned Additional District Judge, Nagaon to the learned court of District Judge at Golaghat.

(2.) Before taking into account the pleadings set forth by the parties in the instant case, the court has taken a note of the case reported in (2006) 9 SCC 197 Anindita Das Vs. Srijit Das wherein the Apex Court has given a caution in regard to leniency shown to ladies in earlier cases whereof the said leniency has been misused by women. Keeping in mind the said caution the court proceeded to dispose of the case taking into account the balance of convenience or inconvenience of the parties or witnesses and/or convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the divorce proceedings and/or interest of justice sought for transfer, etc.

(3.) The brief facts of the case in a nutshell is summarized as follows: The husband who is the respondent herein has initiated a proceeding under Section 13 of the Hindu Marriage Act, 1955 (in short the Act) only on the ground of Paranoid Schizophrenia, the disease suffered by his wife which is an incurable disease as pleaded in the divorce proceedings. In the divorce proceeding, the respondent husband has admitted that the marriage was solemnized at Golaghat on 12.5.2007 according to Hindu rites and ceremonies in a Bibah Bhawan at Golaghat and the marriage was duly consummated. The divorce proceeding had to be initiated and filed on 13.6.2008 in the place where both of them last resided together, just on completion of 1 (one) year of marriage as provided under Section 19 of the Act considering the gravity of the disease suffered by the petitioner wife. Since the cause of action arose within the jurisdiction of the learned District Court at Nagaon, the said Title Suit (Divorce) was filed at Nagaon.