Allowed

Anjani Kumari v. Arjun Kumar Jaiswal

Jharkhand HC18 Jan 2020Tr.Pet.CVL/3/2019

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What is this about?

A transfer petition was filed seeking to move a divorce suit from Family Court, Palamau to Family Court, Khunti. The court allowed the transfer citing the petitioner's financial hardship and the minor child's welfare. Mediation was ordered at JHALSA with travel expenses paid by the husband.

What did the court decide?

Transfer of Original Suit No. 68 of 2018 allowed from Family Court, Palamau to Family Court, Khunti; mediation ordered at JHALSA; husband to pay Rs. 1000 travel expenses per date.

Anjani Kumari Vs Arjun Kumar Jaiswal — Matrimonial and Divorce | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Transfer Petition (Civil) No. 03 of 2019

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Anjani Kumari ….........Petitioner Vrs. Arjun Kumar Jaiswal ….......... Opposite Party ….... CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Ashutosh Anand, Advocate For the O.P. : M/s Prakash Kumar, Pankaj Kumar Dubey & Santosh Kumar Shukla, Advocates

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08 /18.01.2020 Petitioner wife has sought transfer of Original Suit No. 68 of 2018 instituted by the opposite party husband on the ground of desertion, from the court of learned Principal Judge, Family Court, Palamau at Daltonganj to the court of learned District and Sessions Judge cum designated Family Court, Khunti.

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It is submitted by learned counsel for the petitioner that marriage between the parties was registered on 27.05.2013 and thereafter a female child was born out of the wedlock on 15.03.2014. On the ground of desertion a suit for divorce was instituted before the Family Court, Palamau at Daltonganj. Petitioner wife with a minor child is residing at Khunti at her paternal house, since she has not been treated well. She is a poor lady with no independent source of income and travelling from Khunti to Palamau to attend the proceedings of the suit on each date is onerous and expensive as also unsafe for her. Therefore, she has prayed for transfer of the suit to Khunti.

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Learned counsel for the opposite party husband has opposed the prayer. He has made efforts to take this Court to the merits of the allegation in the plaint of the original suit alleging that the wife has deliberately left the matrimonial house without any reasonable excuse and is now resisting the divorce on one or the other ground. Opposite party has not been allowed to meet his daughter or stay at the paternal house of the petitioner whenever he has made attempt. The original suit for restitution of conjugal rights was earlier filed in 2016 in which compromise took place but even after living with her husband for some days, petitioner wife again went to her paternal house with her brother and registered a false case under Section 498A of the I.P.C and other sections. Despite all efforts to bring her back, she has shown little willingness to come. Husband has also filed a complaint case, which has been sent to the Police Station under Section 156(3) Cr.P.C. for institution of the F.I.R. Therefore, prayer for transfer of the suit has been strongly opposed.

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Learned counsel for the opposite party husband on instruction submits that the husband is willing to engage in mediation process for settlement of the matrimonial dispute.

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Learned counsel for the petitioner submits that mediation can in any way take place at Khunti or at JHALSA, subject to the direction of this Court.

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I have considered the submission of learned counsel for the parties and rival plea taken on behalf of the parties. It is apparent from the aforesaid narration of facts that petitioner wife having a minor child of 5 years with no independent source of income, staying at her paternal house in Khunti district, has to face suit for divorce instituted by the opposite party husband before the learned Family Court, Palamau at Daltanganj. This would indeed be onerous as well as expensive for her and would lead to inconvenience. Moreover, the minor child cannot stay away from the mother, if she is compelled to attend the proceedings before the Family Court at Palamau, Daltonganj. Opposite party husband is said to be a teacher in government school with sufficient source of income, who can easily attend the proceedings before the Family Court at Khunti. In case he is interested in mediation to settle the matrimonial dispute, this can also be done at Khunti on the observation of the learned Family Court at Khunti or at JHALSA.

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In these circumstances, this Court is satisfied that the prayer made for transfer of the original suit no. 68 of 2018 from the court of learned Principal Judge, Family Court, Palamau at Daltongaj to the court of learned District & Sessions Judge cum designated Family Court, Khunti deserves to be allowed. It is accordingly, allowed.

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Let the records of the Original Suit No. 68 of 2018 be transferred to the court of learned District & Sessions Judge cum designated Family Court, Khunti forthwith by the learned Principal Judge, Family Court, Palamau at Daltonganj.

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Since the learned counsel for the parties have expressed their inclination for the parties to engage in mediation exercise at JHALSA for finding out an amicable settlement of the dispute, let the parties appear before the learned Member Secretary, JHALSA on 28.01.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Opposite party husband would pay a sum of Rs.1000/- as travelling and incidental expenses to the petitioner wife on each date she attends the mediation, in the

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presence of learned Mediator. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. After 4 weeks of their appearance, a report be submitted to the learned District & Sessions Judge cum designated Family Court, Khunti about the outcome of the exercise. Any further extension of time for concluding the mediation can thereafter be granted by the learned District & Sessions Judge cum designated Family Court, Khunti or if both the parties arrive at an amicable settlement, the suit itself can be disposed of in that light.

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Let the copy of this order be sent to the learned Member Secretary, JHALSA. It is expected that records of the original suit no. 68 of 2018 should reach the Court of learned District & Sessions Judge cum designated Family Court, Khunti by 05^th February, 2020. Parties would appear before the learned District & Sessions Judge cum designated Family Court, Khunti on 19^th February, 2020 in person and thereafter may be represented through their counsels.

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The instant petition is allowed.

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(Aparesh Kumar Singh, J.)

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A.Mohanty

Anjani Kumari v. Arjun Kumar Jaiswal

Case brief

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Anjani Kumari v. Arjun Kumar Jaiswal

Case brief

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