Transfer Petition allowed transferring an original suit for restitution of conjugal rights from Bokaro to Dhanbad Family Court as the petitioner resides with children in Dhanbad and pending criminal/maintenance cases are there.
Original Suit No.302/2019 transferred from learned Family Court, Bokaro to learned Family Court, Dhanbad.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.60 of 2019
Seema Kedia @ Seema Agarwal --- --- Petitioner Versus Mrityunjay Kedia --- --- Opp. Party.
CORAM : The Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing
--For the Petitioner : Mr. Kalyan Banerjee, Adv. For the O.P. : Mr. M.B. Lal, Adv. ---
06/12.06.2020 Heard learned counsel for the petitioner-wife Mr. Kalyan Banerjee and the opposite party-husband Mr. M.B. Lal through video conferencing.
Petitioner-wife seeks transfer of Original Suit No.302/2019 from the learned Family Court, Bokaro to the learned Family Court, Dhanbad which has been instituted for restitution of conjugal rights by the husband under Section 9 of the Hindu Marriage Act, 1955. As per the submission of learned counsel for the petitioner and the pleadings on record, petitioner has filed a C.P. Case No.3655/2018 under Section 498A and other allied Sections before the court at Dhanbad and another Maintenance Case No.12/2019 before the learned Family Court, Dhanbad which are underway. The marriage between the parties was solemnized on 14th June 2003 and a son and a daughter born out of their wedlock are living with the petitioner wife at Dhanbad. Petitioner-wife has no independent sources of income and has been compelled to institute the criminal case as she has been ill-treated in the matrimonial home as also the maintenance case. The Suit for restitution of conjugal right has been filed by the husband after filing the cases by the petitioner. Petitioner being a lady and without any sources of income and moreover since the opposite party has been attending the cases filed by the petitioner at Dhanbad, it would be proper that Original Suit No. 302/2019 be transferred from Bokaro to Dhanbad.
Learned counsel for the opposite party-husband has opposed the prayer. He submits that there has been stiff resistance to any amicable settlement in collateral proceedings like anticipatory bail application moved by the husband before this Court in the last week. However, he does not dispute that the suit for restitution of conjugal rights has been filed after filing
-2-
cases by the petitioner-wife at Dhanbad and that the husband has been attending those cases at Dhanbad.
I have considered the submissions of learned counsel for the parties and taken into note of the facts and circumstances above.
Having regard to the fact that the petitioner is living with the two children born out of the wedlock at Dhanbad in her paternal place and without any independent sources of income and further that the opposite party has instituted Original Suit No.302/2019 before the Family Court, Bokaro after the cases instituted by the wife and has been attending the proceedings in the C.P. Case and the maintenance case at Dhanbad, it would be proper that Original Suit No.302/2019 be transferred from learned Family Court, Bokaro to learned Family Court, Dhanbad. It is accordingly directed. The instant petition stands allowed.
Shamim/
1 issue framed by the court
Whether Original Suit for restitution of conjugal rights filed by the husband should be transferred from Family Court Bokaro to Family Court Dhanbad considering the petitioner's residence and pending
1 provisions across 1 enactments
Seema Kedia @ Seema Agarwal
Mrityunjay Kedia
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
