Allowed

Dropadi Devi alias Draupadi Kumari alias Draupadi Devi v. Ashok Kumar Baraik

Jharkhand HC12 Jun 2020Tr.Pet.CVL/46/2019

Case brief

AI extract

What is this about?

This transferred matrimonial petition allowed the transfer of a suit for restitution of conjugal rights filed at Ranchi to the Family Court at Gumla. The transfer aimed to avoid conflicting decisions in light of a prior divorce suit filed by the petitioner at Gumla.

What did the court decide?

Transfer of Original Suit No. 363 of 2019 from Family Court, Ranchi to Family Court, Gumla.

Dropadi Devi alias Draupadi Kumari… — Constitutional and Fundamental Rights | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Tr. Petition (Civil) No. 46 of 2019

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Dropadi Devi @ Draupdi Kumari @ Draupadi Devi ….........Petitioner Vrs.

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Ashok Kumar Baraik ….......... Opposite Party

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Party : Mr. Santosh Kumar Soni, Advocate

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05 /12.06.2020 Heard learned counsel Mr. Arun Kumar for the petitioner-wife and Mr. Santosh Kumar Soni representing the opposite party husband through Video Conferencing.

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The petitioner wife prays for transfer of Original Suit No. 363 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 Ranchi to the learned Family Court at Gumla.

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Parties have solemnized marriage on 26.04.2016 and petitioner is posted as Assistant Government Teacher at Gumla. Because of matrimonial dispute she was compelled to file the suit for divorce at Gumla being Original Suit No.26 of 2017 and as per the opposite party husband, only thereafter he has instituted the suit for restitution of conjugal rights at Ranchi.

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It is the contention of learned counsel for the petitioner that both the suits instituted by either of the parties should be tried by one Family Court i.e., at Gumla keeping into account that petitioner is a lady and to avoid conflict of decisions. The opposite party husband is also employed at Jharkhand Academic Council, Ranchi.

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Learned counsel for the opposite party husband, however, has opposed the prayer. In his reply, a certificate of Verma Orthopaedics and Research Centre, Morhabadi, Ranchi (Annexurer-1) has been relied upon to show that the husband has suffered fracture and has difficulty in movement. The husband is inclined to restitute the marriage but unfair allegation of adultery has also been levelled against him by the petitioner. Opposite party husband will have difficulty in attending the case at Gumla.

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I have considered learned counsel for the parties and taken into account the facts and circumstances taken note above. It is apparent from perusal of the materials on record and the circumstances disclosed by the parties that both the parties are employed at difference places at Gumla and Ranchi respectively. Original Suit No. 363 of 2019 was instituted by the opposite party husband for restitution of conjugal rights after institution of the suit for

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divorce i.e., Original Suit No. 26 of 2017 by the petitioner wife at Gumla. Though the opposite party has enclosed the certificate of discharge from Verma Orthopaedics and Research Centre, Morhabadi, Ranchi dated 01.06.2018 regarding his treatment for some fracture, but there is no latest report enclosed by the opposite party showing any disability in movement after two years of such incidence and discharge after treatment from the said Orthopaedics and Research Centre. In those circumstances, in order to avoid conflict of decisions and for the reasons that the suit instituted by the petitioner wife is prior in point of time, it would be in the interest of justice to direct transfer of Original Suit No. 363 of 2019 from the Court of learned Principal Judge, Family Court, Ranchi to the court of learned Principal Judge, Family Court, Gumla. Accordingly, let the records of Original Suit No. 363 of 2019 be transferred from the court of learned Principal Judge, Family Court, Ranchi to the court of learned Principal Judge, Family Court, Gumla forthwith.

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On such transfer, learned Principal Judge, Family Court, Gumla would club both the suit (Original Suit No. 363 of 2019 and Original Suit No. 26 of 2017) together as the genesis of the matrimonial disputes between the spouses are one and the same. Learned Family Court at Gumla would endeavour to send the parties for mediation to find out an amicable settlement of the matrimonial dispute before adjudication on merits.

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The instant transfer petition is allowed.

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(Aparesh Kumar Singh, J.)

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A.Mohanty

Dropadi Devi alias Draupadi Kumari alias Draupadi Devi v. Ashok Kumar Baraik

Case brief

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Dropadi Devi alias Draupadi Kumari alias Draupadi Devi v. Ashok Kumar Baraik

Case brief

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