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Renu Mishra v/s Amit Mishra

    Transfer Petition (Civil) No. 19 of 2020

    Decided On, 02 July 2021

    At, High Court of Jharkhand

    By, THE HONOURABLE MR. JUSTICE APARESH KUMAR SINGH

    For the Petitioner: Shruti Shrestha, Advocate. For the Respondent: Navin Kumar, Advocate.



Judgment Text

1. Petitioner wife is seeking transfer of Original Suit No. 9 of 2020 instituted under Section 9 of the Hindu Marriage Act, 1955 by the opposite party husband, from the Court of learned Principal Judge, Family Court, Lohardaga to the Court of learned Principal Judge, Family Court, Chaibasa.

2. As per the case of the petitioner, marriage between the parties was solemnized on 20.6.2018 as per Hindu rites and rituals after payment of some dowry and after fulfilling the demands of the family of the opposite party. Out of the marriage a son has been born on 5.7.2019. Petitioner has always been subjected to physical harassment for which she was also admitted in T.M.H, Jamshedpur. Petitioner has also filed a criminal case against the opposite party and his family members before the Mahila Police Station at Chaibasa on 19.8.2019 being Mahila Sadar P.S., Case No. 06 of 2019 for the offence under Sections 498A, 34 of the I.P.C as well as 3/4 of the D.P. Act.

3. Learned Counsel for the petitioner submits that though final form was submitted in the criminal case by the Police but a protest cum complaint petition has also been filed, which is pending before learned Judicial Magistrate at Chaibasa. Petitioner has also filed a divorce case during pendency of this transfer petition at the Family Court, Chaibasa. Petitioner has no source of income and is totally dependent upon her father, who is a priest. She may not be able to attend the proceedings of the suit at Lohardaga as it is more than 200 kms from Chaibasa with no direct means of communication through road or rail. Even otherwise with a minor child to maintain, she cannot go and come back on the same date as she may have difficulty in overnight stay at Lohardaga. If the suit is not transferred to Chaibasa, it may remain uncontested.

4. Learned Counsel for the opposite party submits that petitioner has been resorting to unfair tactics by institution of criminal case on frivolous allegations against the opposite party, though the Police did not find any incriminating materials to charge-sheet him. Opposite party is a sales person and has meagre source of income. He has instituted the case for restitution of conjugal rights with the petitioner wife but because of her conduct the marriage is falling apart. Petitioner may also not be able to prosecute the suit if it is transferred to Chaibasa. Therefore, the transfer petition may be rejected.

5. I have considered the submission of learned Counsel for the parties and taken note of the facts and circumstances as above. It appears from the submissions of the parties and the pleadings on record that petitioner is a lady with no independent source of income with a minor son to maintain. Petitioner may have practical difficulty in attending to the proceedings of the matrimonial suit at Lohardaga, which is at a considerable distance from Chaibasa as to and fro journey from Chaibasa to Lohardaga on the same date may not be possible. Further, she may have genuine apprehension in staying overnight with her minor son at Lohardaga. Apart from that, it appears that petitioner has instituted a divorce case at Chaibasa during pendency of this petition and despite filing of the final form by the Police in the Mahila P.S., Case No. 6 of 2019 at Chaibasa, a protest cum complaint petition is said to be pending at Chaibasa in the Court of learned Judicial Magistrate. In the aforesaid facts and circumstances, it appears that if the suit is not transferred from Lohardaga to Chaibasa, it may remain unattended. Therefore, this Court is inclined to allow the prayer of the petitioner for transfer of Original Suit No. 9 of 2020 from the Court of lear

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ned Principal Judge, Family Court, Lohardaga to the Court of learned Principal Judge, Family Court, Chaibasa. It is ordered accordingly. Let the records of Original Suit No. 9 of 2020 be transferred to the Court of learned Principal Judge, Family Court, Chaibasa from the Court of learned Principal Judge, Family Court, Lohardaga. The transfer petition is allowed. Transfer Petition allowed.
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