RANCHI, India, May 2 -- Jharkhand High Court issued the following order on April 2:

1. Heard learned counsels for the parties.

2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.20 of 2024, filed by the husband/ O.P under Section 13(i)(ia) of the Hindu Marriage Act, 1955, from the Court of learned Principal Judge, Family Court, Jamshedpur, to the Court of learned Principal Judge, Family Court, Ranchi.

3. It appears that the parties are related by marriage which was solemnized in the year 2011 as per the Hindu rites and they have been blessed with a son in the year 2015, who resides with the petitioner/ wife. It further appears that both the parties are working and residing at Bangalore and there are various litigation also between the parties.

4. It has been submitted by the learned counsel for the wife/ petitioner that since both the parties are residing at Bangalore and Ranchi, being a capital city, has direct aerial connectivity and as such it would be better that the Original Suit No.20 of 2024 be transferred to the Family Court, Ranchi so that the petitioner/ wife would be able to participate in the proceedings. She has to also take care of her minor son. It has further been submitted that there is a criminal case also, pending in Ranchi. On the above basis, prayer has been made to transfer the aforesaid suit to the Court of Principal Judge, Family Court, Ranchi.

5. Learned counsel for the O.P./ husband has opposed the prayer and it has been submitted that the husband/ opposite party has to take care of his old aged parents, who are residing at Jamshedpur and they are the witnesses also. It has further been submitted that there is sufficient progress in the suit, but it is ex-parte.

6. Having heard learned counsels for the parties and from perusal of record, it appears that the wife has to take care of his minor son and she could not participate in the proceedings as she is working and residing at Bangalore. In fact, it is better for both the parties to contest the suit at Ranchi and getting the matrimonial matter decided ex-parte cannot be the object of the proceeding. Considering the above fact and the peculiar facts of the present case, this Court is of the opinion that it is in the interest of justice that the original suit be transferred to the Family Court, Ranchi. Accordingly, the Original Suit No.20 of 2024, is hereby, transferred to the Court of Principal Judge, Family Court, Ranchi. The case will proceed de-novo.

7. With above observation and direction, the present transfer petition, stands disposed of.

8. Pending interlocutory application, if any, also stands disposed of.

Disclaimer: Curated by HT Syndication.