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Supreme Court of India · body

2000 DIGILAW 2076 (SC)

Swati Bose v. Pijush Bose

2000-12-04

BRIJESH KUMAR, R.C.LAHOTI

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R.C.LAHOTI, J. (1) THIS is a petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of R.S. No. 957 of 1999 (Pijush Bose v. Swati Bose) filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, lucknow, U.P. to the Court of District Judge, Nadia at Krishnanagar (West Bengal). (2) WE have heard learned counsel for the parties. (3) THE petitioner-wife is alleged, by the respondent, to be psychiatric patient. Obviously, it will be highly inconvenient for the petitioner-wife to travel from West Bengal to Lucknow for the purpose of contesting the suit filed against her. It is also alleged, on affidavit, that the petitioner is an unemployed and helpless lady having no means to contest the case by covering the long distance between Krishnanagar and Lucknow. (4) LOOKING to the convenience of the 4901 parties, the transfer petition is allowed. It is directed that R.S. No. 957 of 1999 (Pijush Bose v. Swati Bose) shall stand transferred from the Family Court, Lucknow, U.P. to the Court of District Judge, Nadia at Krishnanagar (West Bengal). The District Judge may try the suit himself or make it over for trial to a court of competent jurisdiction under him. (5) ACCORDINGLY, the transfer petition is allowed. There will be no order as to costs.