Smt. Priyanka Biswas & Ors vs Subrato Biswas
- SCC(2005) 13 SCC 436
- AIRAIR 2005 SC 3119
Ratio decidendi
The rule this decision rests on
Where a matrimonial suit is pending in a forum distant from the petitioner's residence, and the petitioner makes unrefuted averments that she was kidnapped and forcibly taken to that forum, that her signatures to a purported marriage were obtained under duress and threat of death, that she has escaped and returned to her parental home in another State, that she faces serious threat of bodily injury or death if required to travel to the distant forum, that her elderly father cannot accompany her and she cannot travel alone, and that she lacks financial means to engage counsel in the distant forum, the court may transfer the suit to the forum of her residence in the interests of justice and the safety of the petitioner.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
O R D E R By this Transfer Petition the Petitioner seeks transfer of Matrimonial Suit No. 466 of 2004 titled as Subrato Biswas Vs. Smt. Priyanka Biswas and others from the Court of Family Judge, Barasat, Distt. 24 Pargana, West Bengal to the Court of Family Judge, Ara, Bihar.
The Respondent has remained absent even though served. The Petitioner claims that she was kidnapped from Ara Distract in Bihar by the Respondent and five others while she was returning from the college for admission in B.A. Part III. The Petitioner claims that she was forcibly taken to Chandanpada Nadia in West Bengal and that thereafter a ransom of Rs.4,00,000/- was claimed from her family members. The Petitioner further claims that under threat of death her signatures were taken before the Registrar of Marriages purportedly to show that she was married to the Respondent. She claims that she managed to run away from the custody of the Respondent and had come to her parental house and has now received summons of the Matrimonial Suit. She claims that there is a serious threat and apprehension of causing bodily injury or death if she has to go to West Bengal. She further claims that her father is a very old man and cannot travel with her and that she is a young girl and cannot travel alone. It is also claimed that she does not have sufficient money to go to West Bengal and to engage counsel over there. None of the above averments has been refuted by the Respondent. We therefore accept all the averments to be true. The grounds set out above are, in our view, sufficient to transfer the Matrimonial Case No. 466 of 2004.
We therefore allow this Transfer Petition and transfer the Matrimonial Case No. 466 of 2004 titled as Subrato Biswas Vs. Smt. Priyanka Biswas and others from the Court of Family Judge, Barasat, Distt. 24 Pargana, West Bengal, to the Court of Family Judge, Ara, Bihar. There will be no order as to costs.
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