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(2025) Law Today Live Doc. Id. 20803 = 2026(1) RCR (Civil) 88
SLP (C) No. 5813 of 2023
Decided on: 11.09.2025
For Petitioner(s):
Mr. Sunando Raha, Adv., Mr. Samit Bhanja, Adv., Mr. Sk Sayan Uddin, Adv., Ms. Nitipriya Kar, Adv., Mr. Kunal Malik, AOR, Mr. Piyush Malik, Adv.
Code of Civil Procedure, 1908 (V of 1908), Section 25 – Transfer of maintenance case -- Rajpura to Kolkata – On husband’s behest -- Wife abandoned two sons of the parties when they were minors and the petitioner has been taking care of both the sons since 2021 -- Being a single father, it is difficult for the petitioner to travel to Rajpura, Punjab for contesting the proceedings of maintenance application -- Transfer Petition allowed, Maintenance Case transferred to Family Court at Kolkata, West Bengal.
(Para 2, 3)
ORDER
1. This transfer petition is at the instance of the husband seeking transfer of Maintenance Case No. 37 of 2024 pending before the Court of the Principal Judge, Family Court at Rajpura, Punjab to a competent Family Court at Kolkata, West Bengal.
2. The respondent-wife although served with the notice issued by this Court, yet has chosen not to remain present before this Court and oppose this petition either in-person or through an advocate.
3. The allegations of the petitioner-husband is that his wife abandoned two sons of the parties when they were minors and the petitioner has been taking care of both the sons since 2021. Since then being a single father, it is difficult for the petitioner to travel to Rajpura, Punjab for contesting the proceedings of maintenance application. In such circumstances, we allow the Transfer Petition and direct that the Maintenance Case No. 37 of 2024 pending before the Court of the Principal Judge, Family Court at Rajpura, Punjab to be transferred to a competent Family Court at Kolkata, West Bengal.
4. The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court.
5. The transferee court shall make all possible endeavours first for an amicable settlement between the parties, failing which for early decision in the matter without unnecessary adjournments.
6. Pending application(s), if any, stand disposed of.
Petition allowed.
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