Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 549 of 2004
PETITIONER:
Smt. Priyanka Biswas & Ors.
RESPONDENT:
Subrato Biswas
DATE OF JUDGMENT: 22/07/2005
BENCH:
S. N. Variava & Tarun Chatterjee
JUDGMENT:
JUDGEMENT
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.