Jharkhand High Court
Dr. Ankita vs Abhishek Kumar ... ... Opposite Party on 9 February, 2024
Author: S. N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 45 of 2023
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Dr. Ankita ... ... Petitioner
Versus
Abhishek Kumar ... ... Opposite Party
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
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For the Petitioner : Ms. Shruti Shrestha, Advocate
Mr. Aditya Kumar Jha, Advocate
For the Opp. Party : Mr. Sanjay Kumar Chamaria, Advocate
Mr. Anis Kumar Mishra, Advocate
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06/ 09.02.2024 Heard the parties.
2. The instant transfer petition has been filed under Section 24 of
the Code of Civil Procedure on behalf of petitioner-wife seeking
transfer of O.S. No. 35 of 2023 filed under Section 9 of the Hindu
Marriage Act, 1955 by the opposite party-husband from the Court of
learned Principal Judge, Family Court, Koderma to the Court of
Principal Judge, Family Court, Dhanbad.
3. The marriage of the petitioner with opposite party was
solemnized on 02.12.2022 according to Hindu rites and rituals under
the guidance of both the families at Buddha Marriage Hall, Bye Pass
Road, Dhanbad.
4. Learned counsel for the petitioner submits that since petitioner
was not treated properly in her in-law house, she went to her parents'
house and thereafter since cases have been filed by the opposite party,
she is contesting the same and she is leaving along with her parents at
Dhanbad and there is no other male member in her family to
accompany her to go to Koderma and as such, the case may be
transferred to Dhanbad. Learned counsel submits that since petitioner is
a female right has accrued to her to get the case transferred at a place
where she resides. In support of her contention, learned counsel places
reliance on the judgment passed by the Hon'ble Apex Court in case of
Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No.
396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari &
Anr. [Tr. Pet. (C). No. 1683 of 2018].
5. On the other hand, learned counsel for the opposite party-
husband submits that allegation at para-6 of the transfer petition is
totally false and the husband wants to keep her wife, who is not willing
to join her. However, he has no objection if the cases is transferred from
Koderma to Dhanbad.
6. Having heard the rival submissions of the parties, since a female
has approached this Court for transfer of O.S. No. 35 of 2023 from the
Court of learned Principal Judge, Family Court, Koderma to the Court
of Principal Judge, Family Court, Dhanbad this Court cannot look into
the matter at this stage who is responsible for dissolution of the
marriage or what is coming in the way of the same. The proper course
could have been to send the matter before the JHALSA, Ranchi for
mediation but since parties are not agreeable to that, this Court has no
other option other than to pass the order for transfer of the O.S. No. 35
of 2023 from the Court of learned Principal Judge, Family Court,
Koderma to the Court of Principal Judge, Family Court, Dhanbad.
7. It is settled principle of law that the cardinal principle for
exercise of power under Section 24 of the Code of Civil Procedure is
that the ends of justice should demand the transfer of the suit, appeal or
other proceeding. In matrimonial matters, wherever Courts are called
upon to consider the plea of transfer, the Courts have to take into
consideration the economic soundness of both the parties, the social
strata of the spouses and their behavioural pattern, their standard of life
prior to the marriage and subsequent thereto and the circumstances of
both the parties in eking out their livelihood and under whose protective
umbrella they are seeking their sustenance to life. Given the prevailing
socioeconomic paradigm in the Indian society, generally, it is the wife's
convenience which must be looked at while considering transfer.
8. Since the wife has approached this Court, it is for her
convenience that the matter is being transferred to the place where she
is residing.
9. In view of the above discussion, the present transfer application
filed by the petitioner-wife is allowed and O.S. Case No. 35 of 2023,
pending before the Court of learned Principal Judge, Family Court,
Koderma is ordered to be transferred to the Court of Principal Judge,
Family Court, Dhanbad.
10. The Court of learned Principal Judge, Family Court, Koderma is
directed to remit the records of O.S. Case No. 35 of 2023, to the court
of learned Principal Judge, Family Court, Dhanbad immediately. The
parties shall appear before the Principal Judge, Family Court, Dhanbad
on the date fixed.
11. Transfer Petition is accordingly allowed.
(Dr. S. N. Pathak, J.)
Kunal
