Allowed¶13

Neha Tiwari Alias Neha Pathak v. Sidharth Tiwari

Jharkhand HC1 Mar 2024Tr.Pet.CVL/35/2023

Case brief

AI extract

What is this about?

Wife-convenience transfer under S.24 CPC: Neha Tiwari @ Neha Pathak v. Sidharth Tiwari, T.P.(C) 35/2023, High Court of Jharkhand at Ranchi, Dr. Justice S.N. Pathak, 01.03.2024 — matrimonial suit O.S. No.46 of 2022 (S.10 Hindu Marriage Act) moved from Family Court Deoghar to Family Court Giridih; petitioner-wife at Giridih, financial crunch, Mahila (Sadar) P.S. Case No.07 of 2022 pending at Giridih; husband absent despite valid service of notices; record remittance and appearance directives issued.

What did the court decide?

Transfer of Original Suit No.46 of 2022 from the Principal Judge, Family Court, Deoghar to the Principal Judge, Family Court, Giridih; the Deoghar court directed to remit the record immediately; parties to appear before the Principal Judge, Family Court, Giridih on the date fixed. ¶13

Neha Tiwari Alias Neha Pathak Vs Sidharth Tiwari — Matrimonial and Divorce | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the transfer petition filed by the petitioner-wife under Section 24 of the Code of Civil Procedure, seeking transfer of Original Suit No.46 of 2022 (filed by the opposite party-husband under Section 10 of the Hindu Marriage Act) from the Principal Judge, Family Court, Deoghar to the Principal Judge, Family Court, Giridih, should be allowed on grounds of the wife's convenience.

¶7

Court's answer

While going into the merits of a transfer application, courts are required to give more weightage and consideration to the convenience of female litigants, ordinarily allowing transfer on that basis, and in such matters the convenience of the wife is to be preferred over the convenience of the husband.

¶9

Ratio / Principle

In view of the averments in the transfer petition, the application filed by the petitioner-wife is allowed and Original Suit No.46 of 2022, pending before the Principal Judge, Family Court, Deoghar, is ordered to be transferred to the Court of Principal Judge, Family Court at Giridih.

¶12

Detailed headnote1 paragraphs

Transfer Petition (Civil) No. 35 of 2023, High Court of Jharkhand at Ranchi (Dr. Justice S.N. Pathak), decided 01.03.2024 — Petitioner-wife, residing at Giridih with her family and facing financial crunch, sought transfer under Section 24 of the Code of Civil Procedure of her husband's Original Suit No.46 of 2022 (matrimonial suit under Section 10 of the Hindu Marriage Act) from the Principal Judge, Family Court, Deoghar to the Principal Judge, Family Court, Giridih, citing pendency of Mahila (Sadar) P.S. Case No.07 of 2022 at Giridih. Notices were validly served but the opposite party-husband never appeared. Reiterating the settled position that in transfer matters the convenience of the wife is to be preferred over that of the husband, the Court allowed the petition, ordered the suit transferred to Giridih, and directed immediate remittance of the record, with the parties to appear there on the date fixed.

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 35 of 2023

¶2

Neha Tiwari @ Neha Pathak … … Petitioner Versus Sidharth Tiwari … … Opp. Party

¶3

¶4

CORAM : HON’BLE DR. JUSTICE S.N. PATHAK -----For the Petitioner : Mr. Ram Lakhan Yadav, Advocate For the Opp. Party : None

¶5

¶6

08/ 01.03.2024 In pursuant to the order dated 29.09.2023 notices were issued to opposite party. It appears from the office note, notices were validly served upon opposite party but none appears on behalf of the opposite party on several date.

¶7

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 No.46 of 2022 filed under Section 10 of the Hindu Marriage Act, by the opposite party-husband from the Principal Judge, Family Court, Deoghar, to the Court of Principal Judge, Family Court, Giridih.

¶8

Learned counsel for the petitioner submits that petitioner is residing with his family member at Giridih and there is no any other family member to take care and she is facing financial crunch. Learned counsel further submits that one Mahila (Sadar) P.S. Case No.07 of 2022 is pending at Giridih and as such for the ends of justice, this case may also be transferred to Principal Judge, Family Court, Giridh.

¶9

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.

¶10

In view of the averment made in the transfer petition, the present transfer application filed by the petitioner-wife is allowed and case bearing Original Suit No.46 of 2022 , pending before the Court of learned

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-2-

¶12

Principal Judge, Family Court, Deoghar is ordered to be transferred to the Court of Principal Judge, Family Court at Giridh.

¶13

The Court of learned Principal Judge, Family Court, Deoghar is directed to remit the record of Original Suit No.46 of 2022, to the Principal Judge, Family Court at Giridih immediately. The parties shall appear before the Principal Judge, Family Court at Giridh on the date fixed.

¶14

Transfer Petition is accordingly allowed.

¶15

Rohit/-

Neha Tiwari Alias Neha Pathak v. Sidharth Tiwari

Case brief

What is this about?

What did the court decide?

Neha Tiwari Alias Neha Pathak v. Sidharth Tiwari

Case brief

What is this about?

What did the court decide?

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What the court decided

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