Allowed

Tumpa Kumari v. Naresh Kumar Mahato

Jharkhand HC5 Jun 2020Tr.Pet.CVL/43/2019

Case brief

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What is this about?

This interim order allowed a transfer petition to move a matrimonial suit for divorce from the Family Court, Bokaro to the Family Court, Dhanbad. The court consolidated the proceedings to prevent conflicting decisions with a parallel restitution suit and directed mediation.

What did the court decide?

The Title Matrimonial Suit No. 104 of 2019 was transferred from Family Court, Bokaro to Family Court, Dhanbad, with a direction to club it with the divorce suit for mediation.

Tumpa Kumari Vs Naresh Kumar Mahato — Matrimonial and Divorce | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Tr. Petition (Civil) No. 43 of 2019 Tumpa Kumari ….........Petitioner

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Vrs.

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Naresh Kumar Mahato ….......... Opposite Party

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party : Mr. Kalyan Banerjee, Advocate

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04 /05.06.2020 Heard learned counsel for the petitioner-wife, Mr. Sailesh Kumar Singh and Mr. Kalyan Banerjee representing the opposite party husband through Video Conferencing.

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The petitioner wife prays for transfer of Title Matrimonial Suit No. 104 of 2019, instituted by the opposite party husband seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, from the learned Family Court at Bokaro to the learned Family Court at Dhanbad. Parties have solemnized marriage as per the Hind rites and rituals on 19.04.2017 and according to the petitioner, she was compelled to file the suit for divorce being Original Suit No. 608 of 2018 before the learned Family Court at Dhanbad on 14.08.2018. Therefore, the opposite party husband has filed the suit for restitution of conjugal rights on 13.02.2019 before the learned Family Court at Bokaro.

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Learned counsel for the petitioner submits that the two suits should not be tried in two different Family Courts, otherwise it would lead to conflict of decision and miscarriage of justice. Since the petitioner lady would be facing inconvenience in attending the proceedings at Family Court, Bokaro in the suit for restitution of conjugal rights instituted by the husband, it would be proper that Title Matrimonial Suit No. 104 of 2019 be transferred from the court of learned Principal Judge, Family Court, Bokaro to the court of learned Principal Judge, Family Court, Dhanbad.

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Learned counsel for the opposite party husband, however, has resisted the prayer. It is submitted that the suit for restitution of conjugal rights has been instituted by the opposite party husband to resume the conjugal relationship, which the petitioner is unnecessarily resisting by seeking divorce before the learned Family Court, Dhanbad and at the same time asking for transfer of the suit from Bokaro to Dhanbad. Husband would also face inconvenience in attending the proceedings at Dhanbad.

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-2-

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Having considered the submission of learned counsel for the parties and having taken into account the facts and circumstances discussed above, it is apparent that the two suits of the respective spouses have been instituted at two different Family Courts, one for divorce earlier instituted by the petitioner wife at Dhanbad and the second one instituted by the opposite party husband for restitution of conjugal rights at Bokaro. Since, the matrimonial dispute is essentially one and the same between the spouses, proceedings before the two Family Courts may lead to irreconcilable decisions. The petitioner wife is residing at Dhanbad and suit for divorce was instituted prior to the institution of the suit for restitution of conjugal rights by the opposite party husband. In that view of the matter, I deem it proper to direct transfer of Title Matrimonial Suit No. 104 of 2019 from the Court of learned Principal Judge, Family Court, Bokaro to the court of learned Principal Judge, Family Court, Dhanbad. It is ordered accordingly.

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Let the record of the Title Matrimonial Suit No. 104 of 2019 be transferred to the court of learned Principal Judge, Family Court, Dhanbad by the learned Principal Judge, Family Court, Bokaro forthwith.

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Learned counsel for the parties have expressed their views that an effort can be made for amicable settlement of the matrimonial dispute through mediation. Therefore, upon transfer of Title Matrimonial Suit No. 104 of 2019 to Dhanbad, learned Family Court at Dhanbad would club both the suit (Title Matrimonial Suit No. 104 of 2019 and Original Suit No. 608 of 2018) together and refer the parties for mediation for an amicable settlement of the matrimonial dispute before adjudication on merits.

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With the aforesaid observations, instant transfer petition is allowed.

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(Aparesh Kumar Singh, J.)

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A.Mohanty

Tumpa Kumari v. Naresh Kumar Mahato

Case brief

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Tumpa Kumari v. Naresh Kumar Mahato

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