Woman, kid’s convenience must decide divorce transfer case: Calcutta high court | Kolkata News


KOLKATA: The inconvenience of the woman and the child should be “the prime consideration” when courts decide on pleas to transfer divorce petitions and child custody cases, the Calcutta High Court has said in a recent judgment.
The HC, in an eight-page order last week, transferred both the divorce proceedings and the child custody case from a Jalpaiguri court to one in Durgapur after a woman pleaded that she was unable to travel 600 kilometres from Durgapur to attend court proceedings in Jalpaiguri; she was financially dependent on her parents and her 13-year-old son studied in a local Durgapur school, she explained.
Justice Bibek Chaudhuri cited five Supreme Court orders that suggested “the inconvenience of the wife should be treated as the prime consideration” while deciding transfer petitions in matrimonial suits and referred to a 2018 Calcutta HC judgment while deciding on the transfer of the child custody case.
The high court, in the 2018 order, said the “legislative intent” behind child custody laws was not to force a child to attend a court hearing several hundred kilometres from where s/he stayed. Both the divorce and custody cases will now be heard by the Durgapur additional district judge.
The woman’s plea says she was married in February 2004 and had a child in June 2006. During marriage, she claimed, she was subjected to mental and physical abuse and was forced to leave her marital home and return to Durgapur after a physical attack on her in December 2017.
She learnt in 2018 that her husband had filed divorce proceedings.
She then filed a plea, seeking custody of her minor son. Neither the woman’s husband nor his advocate chose to respond to her petition in high court.

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