Jharkhand High Court
Kunal Singh vs Nehpriya on 18 November, 2024
Author: S. N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 83 of 2024
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Kunal Singh, son of Heera Prasad Singh, resident of House No. D-704, Casa
Wood Stock, Gaur City-2, Noida Extension, Greater Noida West, P.O. & P.S.
Bisrakh, Dist. Gautam Buddh Nagar, Uttar Pradesh, presently at 002TF, MU-
2, Block 276, P.O. Gamma-2, P.S. Beta-2, Dist. Gautam Buddh Nagar, Uttar
Pradesh
... ... Petitioner
Versus
Nehpriya, wife of Kunal Singh, d/o. Sri Bipin Kumar Singh, residing at
Vasundhara Estate, M-204, Dimna, P.O. Mango, P.S. Ulidih, Town
Jamshedpur, Dist. East Singhbhum.
... ... Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
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For the Petitioner : Mr. Rupesh Singh, Advocate
Mr. Jagdeesh, Advocate
For the Opp. Party : Mr. Nilendu Kumar, Advocate
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05/ 18.11.2024 The instant transfer petition has been filed under Section 24 of
the Code of Civil Procedure on behalf of petitioner-husband seeking
transfer of Original Matrimonial Suit No. 104/2024 filed by the
opposite party-wife under Section 9 of the Hindu Marriage Act, 1955
for restitution of conjugal rights, from the Court of learned Principal
Judge, Family Court, Jamshedpur to the Court of learned Principal
Judge, Family Court, Ranchi.
2. It appears that several cases have been filed by the wife at
Jamshedpur. Similarly, one case was filed by the petitioner for divorce
before the Family Court at Gautam Buddh Nagar, Uttar Pradesh. The
opposite party on notice, filed a Transfer Petition before the Hon'ble
Supreme Court for transferring the matter from the Family Court at
Gautam Buddh Nagar to Family Court at Jamshedpur. However, the
Hon'ble Supreme Court transferred the matter to a neutral venue being
the Principal Judge, Family Court, Ranchi. The aforesaid Divorce
Petition No. 504 of 2019, after being transferred from the Gautam
Buddh Nagar to Ranchi has been reinstituted before the learned
Principal Judge, Family Court, Ranchi as Original Matrimonial Suit No.
98/2023 and the same is pending at the stage of evidence of the
plaintiff.
3. Learned counsel submits that since the said case is pending at
Ranchi suffice it would be if the Original Matrimonial Suit No.
104/2024 may be transferred from the Court of learned Principal Judge,
Family Court, Jamshedpur to the Court of learned Principal Judge,
Family Court, Ranchi.
4. On the other hand, learned counsel for the opposite party submits
that wife has no source of income and resides with her parents and as
such, she is unable to attend the proceeding at Ranchi.
5. Having heard the parties and on perusal of the records, this Court
finds that in plethora of judgments it has been held that 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 socio-economic paradigm in the Indian society,
generally, it is the wife's convenience which must be looked at while
considering transfer of the case. In this regard reference may be made
to 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].
6. Since the husband has approached this Court for transfer of the
Original Matrimonial Suit No. 104/2024 from the Court of learned
Principal Judge, Family Court, Jamshedpur to the Court of learned
Principal Judge, Family Court, Ranchi, this Court is not inclined to
interfere in the same.
7. Transfer Petition is accordingly dismissed.
8. Pending I.A., if any, stands closed.
(Dr. S. N. Pathak, J.)
kunal
