Priya Kumari vs Vrs
2023 Latest Caselaw 722 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Transfer Petition (Civil) No. 75 of 2022

       Priya Kumari                                             ............    Petitioner
                                          Vrs.
       Shiv Kumar Sahu @ Manmohan                               .......... Opposite Party
                            .......

CORAM: HON'BLE THE ACTING CHIEF JUSTICE

For the Petitioner : Mr. Vipul Poddar, Advocate For the O.P. : Mr. Altamash Khan, Advocate

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06/10.02.2023 Heard learned counsel for the parties.

Petitioner wife is seeking transfer of Original Suit No.43 of 2022 instituted by the opposite party husband from the learned Family Court, Gumla to the learned Family Court, Lohardaga. Parties have been married since 17th April 2019 as per the Hindu rites and customs but the petitioner is living separately on account of torture and demands of dowry. Lohardaga Mahila P.S. Case No.29 of 2021 has been instituted against the opposite party and the in-laws by her for the offences under Sections 498A, 323, 504, 506, 377, 34 of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that since the Suit is in another neighbouring District which is at a distance of about 52 KMs and the petitioner is having difficulty to attend to the proceedings of the Suit, as such the Suit may be transferred to learned Family Court, Lohardaga.

Learned counsel for the opposite party has opposed the prayer. He submits that the Suit is at the stage of evidence of the plaintiff. Earlier a judgment has been rendered under Section 9 of the Hindu Marriage Act between the parties by learned Family Court, Gumla vide judgment dated 31 st March 2022 in favour of the opposite party. Gumla is only 50-52 KMs from Lohardaga and as such petitioner will not have any convenience to attend to the proceedings. Opposite party is ready to pay the cost of the litigation and the expenses for attending to the Court proceedings.

Learned counsel for the petitioner submits that in those circumstances, adequate direction may be issued to the learned Family Court, Gumla for payment of cost in favour of the petitioner.

Having regard to the nature of controversy involved herein, this Court is of the view that there is no substantial grounds to transfer the Original Suit No.43 of 2022 from learned Family Court, Gumla to the learned

Family Court, Lohardaga at this stage when the evidence of one of the parties is underway and if two places are separated by only 51 KMs. If the petitioner makes an application for payment of litigation expenses and cost of proceeding before the learned Family Court, Gumla, appropriate order should be passed by the learned Family Court, Gumla so that the petitioner may be enabled to attend to the proceedings of the Suit effectively. However, prayer for transfer is refused.

Matter is disposed of with the aforesaid observations.

(Aparesh Kumar Singh, A.C.J) Shamim/