RANCHI, India, July 19 -- Jharkhand High Court issued the following order on Jun 19:
1. Heard, Mr. Kumar Harsh, learned counsel for the petitioner and Ms. Manjusha Priya assisted by Mr. Pranav Kumar and Mr. Prashant Kumar Rai, learned counsel for the opposite parties.
2. Learned counsel for the petitioner has submitted that the present transfer petition has been filed under section 24 of the Code of Civil Procedure for transfer of Original Suit No.292 of 2024 to the court of learned Principal Judge, Family Court, Ranchi, from the court of learned Principal Judge, Family Court, Giridih. The Original Suit No.292 of 2024 has been filed by the opposite party No.1 against the present petitioner (wife) for divorce under section 13(1) of the Hindu Marriage Act, 1955.
3. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party No.1 in the year 2023 in accordance with Hindu Rites and Customs. It is further submitted that due to matrimonial discord/dispute and cruelty meted out with the petitioner(wife) by the opposite party(husband), the petitioner left the matrimonial house and started living at her parental house where she is dependent upon her father.
4. It is further submitted that petitioner has filed a criminal case bearing Arogora P.S. Case No.351 of 2023 for the offences under sections 498-A, 504 and 506 of IPC and sections 3/4 of D.P. Act. It is further submitted that petitioner is a women having no one to look after her to travel from Ranchi to Giridih and only with malice intention, the opposite party No.1 has instituted a divorce case i.e. Original Suit No.292 of 2024 in the court of Principal Judge, Family Court, Giridih, which is pending for appearance of the present petitioner(wife).
5. It is further submitted that petitioner is anyhow maintaining and looking after herself, so she could not bear additional cost of litigation by attending the Court of Principal Judge, Family Court at Giridih, therefore, the Original Suit No.292 of 2024 pending before the Principal Judge, Family Court, Giridih be transferred to the court of learned Principal Judge, Family Court, Ranchi.
6. While on the other hand, learned counsel for the opposite party No.1 has submitted that the petitioner(wife) has suppressed the facts that she is dependent on her parents, however, the petitioner is a working woman and is employed with TCS-Kolkata and she is still an employee of the said company. It is further submitted that petitioner is a resident of Giridih district and at present, she is residing at Ranchi, which would make it convenient for her to attend the court proceedings. It is further submitted that the opposite party No.1 is working in Bangalore and he has to travel from Banglore to Ranchi on each and every date in the cases instituted by the petitioner, which causing mental, physical and monetary loss. It is further submitted that the instant petition is not maintainable as the petitioner does not stay where she seeks to transfer the case. Hence, this transfer petition, being devoid of merits, may be dismissed.
7. Considering the overall aspects of the case and the submission on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner.
8. Accordingly, the proceeding of Original Suit No.292 of 2024, pending before the court of Principal Judge, Family Court, Giridih is hereby transferred to the court of learned Principal Judge, Family Court, Ranchi.
9. Accordingly, the present transfer petition is allowed.
Disclaimer: Curated by HT Syndication.
