Riddhi Goyal Vs Ritesh Mittal — Jharkhand HC (2024) — LawSathi Research

Riddhi Goyal Vs Ritesh Mittal — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of O.S. No. 34 of 2021 from Principal Judge, Family Court, Lohardaga to Principal Judge, Family Court, Ranchi ordered; Lohardaga court to remit the record immediately; parties to appear before Principal Judge, Family Court, Ranchi on the date fixed.

Issue for consideration

Whether the transfer application filed by the petitioner-wife under Section 24 CPC to move O.S. No. 34 of 2021 from Principal Judge, Family Court, Lohardaga to Principal Judge, Family Court, Ranchi should be allowed on the ground of her convenience. +1 more

Court's answer

On the strength of the foregoing, the transfer application filed by the petitioner-wife is allowed and O.S. No. 34 of 2021 is ordered to be transferred from the Court of Principal Judge, Family Court, Lohardaga to the Court of Principal Judge, Family Court, Ranchi.

Ratio / Principle

In adjudicating transfer applications, courts must give more weightage and consideration to the convenience of female litigants, should ordinarily allow transfer taking their convenience into account, should desist from putting female litigants under undue hardships, and must prefer the wife's convenience over the husband's.

Key takeaways

The Court of Principal Judge, Family Court, Lohardaga is directed to remit the record of O.S. No. 34 of 2021 to the Principal Judge, Family Court, Ranchi immediately, and the parties shall appear before the Principal Judge, Family Court, Ranchi on the date fixed.ratio¶5

Detailed headnote1 paragraphs

Jharkhand HC (single judge: Dr. Justice S.N. Pathak; decision 01.03.2024): Transfer Petition (Civil) No. 01 of 2023 under Section 24 CPC by petitioner-wife (with a co-petitioner) sought transfer of O.S. No. 34 of 2021, instituted by the opposite party-husband under Section 25 of Guardian and Wards Act 1890 read with Hindu Minority and Guardianship Act, 1956, from Principal Judge, Family Court, Lohardaga to Principal Judge, Family Court, Ranchi. Grounds urged: petitioner resides in Ranchi, is a housewife with a two-year-old child and no source of income; Lohardaga is more than 100 km away, whereas the husband has many sources of income. Applying the settled position that courts deciding transfer applications must give greater weightage to the convenience of female litigants, desist from imposing undue hardships on them, and prefer the wife's convenience over the husband's, the Court allowed the petition, ordered the suit transferred to Family Court, Ranchi, directed immediate remittance of the record by the Lohardaga court, and fixed appearance of the parties before the Principal Judge, Family Court, Ranchi on the date already fixed. No precedent was cited and no monetary quantum arose.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 01 of 2023

1.Ridhi Goyal 2.Advika Mittal … … Petitioners Versus

Ritesh Mittal … … Opp. Party

CORAM : HON’BLE DR. JUSTICE S.N. PATHAK

For the Petitioners : Mr. Arvind Kumar Lall, Advocate Mr. Shivam Lall, Advocate For the Opp. Party :

06/ 01.03.2024 The instant transfer petition is filed under Section 24 of the Code of Civil Procedure on behalf of petitioner-wife seeking transfer of Original Suit being O.S. No. 34 of 2021 filed under Section 25 of Guardian and Wards Act 1890 read with Hindu Minority and Guardianship Act, 1956, by the opposite party-husband from the Court of Principal Judge, Family Court, Lohardaga, to the Court of Principal Judge, Family Court, Ranchi.

2. Learned counsel for the petitioner submits that she residing in Ranchi. The petitioner is a house-wife and she has two years old child and she has no source of income. The Lohardaga Court is at a distance of more than 100 kilometers from Ranchi. It is further submitted that without any source of income, she is unable to attend the proceedings of the suit at Lohardaga, whereas the opposite party has many source of income and is capable of attending the proceedings of the suit, if transferred to Ranchi.

3. It is well settled legal position that while going into the merits of a transfer application, Courts are required to give more weightage and consideration to the convenience of the female litigants, and transfer of legal proceedings from one Court to another should ordinarily be allowed taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships. In such type of matters, the convenience of the wife is to be preferred over the convenience of the husband.

4 . In view of the above discussion, the present transfer application filed by the petitioner-wife is allowed and case bearing Original Suit being O.S. No. 34 of 2021 , pending before the Court of Principal

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Judge, Family Court, Lohardaga is ordered to be transferred to the Court of Principal Judge, Family Court, Ranchi.

5 . The Court of Principal Judge, Family Court, Lohardaga is directed to remit the record of Original Suit being O.S. No. 34 of 2021, to the Principal Judge, Family Court, Ranchi immediately. The parties shall appear before the Principal Judge, Family Court, Ranchi on the date fixed. 6 . Transfer Petition is accordingly allowed.

Rohit/-