Annu Pathak vs Chandan Kumar Pathak

Heard learned counsel for the petitioner Mr. Vikas Kumar. Despite valid service of notice upon the opposite party-husband as per order dated 14th February, 2020 under both processes, opposite party-husband has not entered appearance. The matter was adjourned on 26th June, 2020 and thereafter again on 10th July, 2020 for his appearance.

Petitioner has sought transfer of Original Suit No. 99 of 2019 instituted under Section 9 of the Hindu Marriage Act for restitution of conjugal right by the opposite party-husband from the Court of learned Principal Judge, Family Court, Giridih to the Court of learned Principal Judge, Family Court, Jamshedpur. Marriage between the parties was solemnized on 18th April, 2017 and a son has been born out of wed- lock on 13th September, 2018. According to the petitioner, she was subjected to torture and cruelty at her matrimonial home which led to institution of a Complaint Case being Complaint Case (C1) No. 2757 of 2019 under Section 498-A and Section 3/4/6 of Dowry Prohibition Act before learned Chief Judicial Magistrate, East Singhbhum at Jamshedpur. Opposite party has instituted the matrimonial suit for restitution of conjugal rights at Giridih by making false and frivolous allegations against her. She being a lady with no independent sources of income with a male child aged about 2 years old by now, is not in a position to attend the proceedings of the matrimonial suit at Giridih which is at a considerable distance from Jamshedpur and takes more than 5 hours to reach through road journey. She cannot stay there at night with a minor child.

Having considered the submissions of Learned Counsel for the petitioner and the facts and circumstances noted above, it is deemed proper that the Original Suit No. 99 of 2019 be transferred from the Court of learned Principal Judge, Family Court, Giridih to the court of learned Principal Judge, Family Court Jamshedpur, otherwise petitioner may not be able to properly contest the suit at Giridih. Moreover, opposite party has to attend to the proceedings of the criminal case instituted by her at Jamshedpur.

Order accordingly.

Let the records of Original Suit No. 99 of 2019 be transmitted to the concerned court forthwith.

The instant application stands allowed.