Allowed

Pranity Kumari Singh v. Vivek Singh

Jharkhand HC12 Jun 2020Tr.Pet.CVL/49/2019

Case brief

AI extract

What is this about?

In a transfer petition, the High Court of Jharkhand ordered the transfer of a divorce suit from the Family Court, Bokaro, to the Family Court, Dhanbad. The court considered the petitioner's pending criminal maintenance and criminal cases in Dhanbad, where the husband is already present, and the petitioner's lack of independent income, finding transfer necessary in the interest of justice.

What did the court decide?

The records of Original Suit No. 409 of 2018 transferred from Family Court, Bokaro, to Family Court, Dhanbad; mediation to be referred before adjudication.

Pranity Kumari Singh Vs Vivek Singh — Matrimonial and Divorce | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 49 of 2019

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Pranity Kumari Singh --- --- Petitioner Versus Vivek Singh ---Opposite party

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CORAM : Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing --For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the Opp. Party : Mr. Bhaskar Trivedi, Advocate

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04/12.06.2020 Heard learned counsel for the petitioner Mr. Mukesh Bihari Lal and learned counsel Mr. Bhaskar Trivedi for the opposite party-husband through Video Conferencing.

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Petitioner –wife seeks transfer of Original Suit No. 409 of 2018 from the Court of Family Court, Bokaro to the Court of learned Family Court at Dhanbad, instituted by the opposite party-husband under Section 13(1)(i-a) of Hindu Marriage Act. According to the petitioner, because of ill-treatment in the matrimonial home petitioner had gone to her parental house at Dhanbad, where C.P. Case No. 2314 of 2018 was filed under Section 498(A) of I.P.C against the opposite party-husband and other family members. It is only thereafter that the husband has filed Original Suit No. 409 of 2018 for divorce. Petitioner is without any independent sources of income and has also filed a case for maintenance being Original Maintenance Case No. 06/2019, which is also pending before Family Court, Dhanbad. The husband has been attending to these proceedings at Dhanbad, whereas the petitioner would have serious difficulty and it would be beyond her means to contest the proceedings at Bokaro as she has got no independent sources of income. Therefore, Original Suit No. 409 of 2018 may be transferred from the Family Court, Bokaro to Family Court, Dhanbad.

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Learned counsel for the respondent-husband has strongly opposed the prayer. He submits that the husband is willing to engage in amicable settlement of matrimonial dispute, but it is the wife, who has filed a criminal case against him and his family members at Dhanbad. Therefore, petitioner is being denied the company of his wife. The suit may not be transferred as it would also be difficult for husband to attend the proceeding at Dhanbad.

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I have considered the submission of learned counsel for the parties and taken note of the facts and circumstances above as borne out from the pleadings on record. Having regard to the fact that the petitionerwife has instituted two cases being C.P. Case No. 2314 of 2018 under Section 498(A) of I.P.C against the husband and other family members before the competent criminal court at Dhanbad and that a maintenance case instituted by her is also pending before learned Family Court, Dhanbad where the husband is attending the proceedings and that Original Suit no. 409 of 2018 has been instituted by the husband after C.P.Case and moreover petitioner is a lady without any independent source of income, it would be proper and in the interest of justice that Original Suit No. 409 of 2018 be transferred from the Family Court, Bokaro to the Family Court at Dhanbad. It is ordered accordingly.

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Let the records of Original Suit No. 409 of 2018 be transferred from Court of learned Family Court, Bokaro to learned Family Court, Dhanbad forthwith. Needless to say, once the suit is transmitted to learned Family Court, Dhanbad, learned Family Court, Dhanbad would refer the parties for mediation to find out an amicable settlement before adjudication on merits.

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Accordingly, the instant petition stands allowed.

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( Aparesh Kumar Singh, J.)

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jk/

Pranity Kumari Singh v. Vivek Singh

Case brief

What is this about?

What did the court decide?

Pranity Kumari Singh v. Vivek Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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