12 February 2008
Supreme Court
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SAMITA BHATTACHARJEE Vs KULASHEKAR BHATTACHARJEE

Case number: T.P.(C) No.-001079-001079 / 2006
Diary number: 30874 / 2006
Advocates: Vs SARLA CHANDRA


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CASE NO.: Transfer Petition (civil)  1079 of 2006

PETITIONER: Samita Bhattacharjee

RESPONDENT: Kulashekar Bhattacharjee

DATE OF JUDGMENT: 12/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O R D E R

TRANSFER PETITION [C] NO.1079 OF 2006

        1.      Heard learned counsel for the parties.  

2.      This is an application for transfer of Title Suit {Divorce]  No.98 of 2006 titled as Dr. Kulashekhar Bhattacharjee Vs. Smt.  Samita Bhattacharjee pending before the Family Court West  Tripura, Agartala to the learned District Judge, Howrah, West  Bengal.

3.      Considering the facts that the wife \026 petitioner herein \026 is  staying at Andul Purba Para, P.O. Andul Mouri, P.S. Sankrail,  District Howrah with a minor child in her paternal home, we are  of the view that the Title Suit {Divorce] No.98 of 2006 titled as  Dr. Kulashekhar Bhattacharjee Vs. Smt. Samita Bhattacharjee  pending before the Family Court West Tripura, Agartala, be  transferred to the Court of learned District Judge, Howrah,  West Bengal, who will either decide the same himself or assign  it to any other court of competent jurisdiction.  The transfer  petition is thus allowed.  There will be no order as to costs.