Jharkhand High Court
Kiran Devi vs Dipak Kumar Gupta --- --- Opp. Party on 28 February, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No.13 of 2019
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Kiran Devi --- --- Petitioner
Versus
Dipak Kumar Gupta --- --- Opp. Party.
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CORAM : The Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Petitioner : Mr. Pankaj Kr. Choudhary, Adv. For the Opp. Party : Mr. Raja Ravi Shekhar Singh, Adv.
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07/28.02.2020 As per the mediation report of learned Mediator, JHALSA at Flag-A bearing letter no.272 dated 10th February 2020, mediation became a non-starter due to absence of one or the other parties on both the dates.
Heard learned counsel for the parties.
Petitioner-wife has sought transfer of Original Matrimonial Case No.274/2018 from the court of learned Principal Judge, Family Court, Sahibganj, Camp at Rajmahal to the court of learned Principal Judge, Family Court, Godda. The Suit has been instituted for restitution of conjugal rights by the husband. Petitioner has filed a criminal case under Section 498A of the I.P.C. and Sections 3/4 of the Dowry Prohibition Act at Godda. She is residing at Godda along with her parents and the maintenance of Rs.7,000/- awarded by the learned Principal Judge, Family Court, Godda is also not being paid regularly. It is inconvenient and expensive for the petitioner to contest the Suit at Rajmahal from Godda which is at a distance of about 90 Kms. She is a lady and completely dependent upon the parents with no sources of income. As such proceedings before the Family Court, Sahibganj, Camp at Rajmahal may remain uncontested and decided against her. Therefore, learned counsel for the petitioner submits that the Suit may be transferred to the Family Court, Godda.
Learned counsel for the husband-opposite party has opposed the prayer. He submits that because of criminal case he has been removed from service and is finding difficulty in making regular payment of the maintenance @ Rs.7,000/- awarded in favour of the petitioner. He submitted that Rajmahal and Godda are not separated by far distance and she could easily attend to the case. In substance, the prayer has been opposed. The criminal case is also not being prosecuted diligently by her, whereas the husband has to attend to the case at Godda.
-2-Considered the submissions of the learned counsel for the parties in the light of the facts and circumstances noted above.
Having regard to the fact that the petitioner-wife has no independent sources of income and is residing with her parents at a considerable distance from Rajmahal where the Suit is proceeding and she being a lady, it would be onerous and inconvenient to attend the proceeding at Rajmahal from Godda. This Court is of the view that interest of justice would be served if the Original Matrimonial Case No.274/2018 is transferred from the court of learned Principal Judge, Family Court, Sahibganj, Camp at Rajmahal to the learned Family Court, Godda. Let the records of the case be sent to the learned Family Court, Godda without any delay. The instant petition stands disposed of accordingly.
(Aparesh Kumar Singh, J.) Shamim/