Transfer petition disposed of where parties consented to shift the divorce suit from Daltonganj Family Court to Bokaro Family Court to facilitate the wife's attendance due to distance and lack of income.
Suit transferred to Family Court, Bokaro. Interim order of 25.11.2019 vacated.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 29 of 2019
Mamta Singh ----Petitioner Versus Ramayan Singh Bisen ----Opposite Party
CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing
For the Petitioner : Md. Zaid Ahmed, Advocate For the Opposite Party : Mr. Manish Kumar, Advocate
10/04.09.2020 Md. Zaid Ahmad, learned counsel for the petitioner-wife and Mr. Manish Kumar, learned counsel for the opposite party-husband are present through Video Conferencing.
Petitioner seeks transfer of Original Suit No. 13 of 2019 instituted before learned Principal Judge, Family Court, Daltonganj by the husband/opposite party herein for dissolution of marriage on grounds of cruelty and desertion under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 to the Court of learned Principal Judge, Family Court, Dhanbad. Parties have solemnized marriage on 18th June 2011 as per Hindu Rites and Customs and they were blessed with a baby girl on 20th August, 2012. Thereafter a case was instituted for restitution of conjugal rights which was decided ex parte. Petitioner has complained that because of approach of husband she has been residing at her parental house at Dhanbad with her minor daughter aged about 7 years. She is unable to attend and contest the divorce suit at Daltonganj with no sources of income. Daltonganj is separated by distance of more than 300 kilometres which is very onerous for her to cover alone with a minor child and stay overnight there before undertaking the return journey. Therefore, she has prayed for transfer of the case to Dhanbad.
Learned counsel for the opposite party has opposed the prayer. However, during course of arguments on the previous date i.e., 28th August, 2020, learned counsel for the opposite party proposed that the suit may be transferred to Bokaro instead of Dhanbad where both parties can appear in a tension free and independent environment.
Today, on instructions, learned counsel for the petitioner submits that the petitioner has no objection if the suit is transferred to the Family Court, Bokaro.
I have considered the submission of learned counsel for the parties, in the light of the facts and circumstances pleaded and the consensus between the parties on transfer of the Original Suit No. 13 of 2019. to the Family Court at Bokaro. It is true that petitioner may have had serious inconvenience in attending the
suit at Daltonganj which is separated by a considerable distance and petitioner having no independent sources of income to maintain herself and her minor daughter.
In those circumstances and in view of consensus between the parties , it is deemed appropriate that the Original Suit No. 13 of 2019 be transferred from the Court of learned Principal Judge, Family Court, Daltonganj to the Court of learned Principal Judge, Family Court, Bokaro.
Let the records of Original Suit No. 13 of 2019 be transmitted to learned Family Court, Bokaro without any delay.
The instant petition stands disposed of.
Interim order dated 25.11.2019 stands vacated.
( Aparesh Kumar Singh, J)
jk/
Mamta Singh
Ramayan Singh Bisen
Aparesh Kumar Singh
As recorded by the court registry
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