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Judgment
9 paragraphs · 261 wordsM.S. Ramachandra Rao, CJ
Heard both sides.
This application has been filed seeking transfer of T.S. (RCR) 4 of 2024 from the Court of Additional District Judge, Kamalpur Sub-Division, Dhalai District to the Court of Additional Judge, Family Court, West Tripura, Agartala.
It is stated by the petitioner that her parents reside at Agartala, and that it is difficult for her to attend the Court at Kamalpur, which is at a distance of about 100 kilometers from Agartala.
It is further submitted that petitioner has also filed T.S. 8 of 2025 before learned Family Judge, West Tripura, Agartala for declaration that she is not the wife of the respondent, and there is no marriage between them. It is therefore desirable that both the cases be heard by the Court of learned Family Judge, West Tripura, Agartala.
Counsel for the respondent has opposed the transfer of the RCR case to the Family Court at Agartala on the ground that his parents are witnesses, and they would have difficulty in coming to Agartala.
Since evidence of such witnesses can always be got recorded through an Advocate Commissioner, that cannot be a ground to refuse the transfer of the said RCR case to the Family Court, West Tripura, Agartala.
In this view of the matter, this transfer petition is allowed, and T.S. (RCR) 04 of 2024 is transferred from the Court of Additional District Judge, Kamalpur Sub-Division, Dhalai District to the Court of learned Family Judge, West Tripura, Agartala.
The instant petition is disposed of accordingly.