Case Law Details
Smt. Sandipa Gupta (Bhowmick) @ Sandipa Bhowmick Vs Sri Suraj Gupta (Calcutta High Court)
Admittedly, the husband has filed a Matrimonial Suit against the petitioner/wife for divorce on the ground of cruelty. The wife is now residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar. The husband is having some type of employment but the petitioner is a housewife having no means of earning to bear the financial burden to travel such a long distance from Siliguri to Coochbehar.
Furthermore, travelling at odd hours of the day is a physical hardship for the petitioner and by filing a suit for divorce directly without any attempt to restore the marital relationship, the petitioner/wife cannot be put to such inconvenience.
Bearing the convenience and inconvenience factors of the wife in attending the Court at Coochbear, I am inclined to draw support from the principle of “showing leniency towards the wife”, as laid down by the Hon’ble Supreme Court of India in the case of Madhu Saxena Vs. Pankaj Saxena (supra).
In my opinion, it would be appropriate to transfer the Matrimonial Suit No.12 of 2022 from the Court of Learned Additional District Judge, F.T.C., Coochbehar to the Court of Learned District Judge, Darjeeling.
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