Anupama Burman vs Prince Burman

Learned counsel Mr. Shravan Kumar for the petitioner wife and Mr. P.A.S. Pati for the opposite party husband are present through Video Conferencing.

Petitioner wife seeks transfer of Original Matrimonial Suit No. 583 of 2018 instituted by the opposite party husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 from the court of learned Additional Family Court, Jamshedpur to the court of learned Principal Judge, Family Court, Ramgarh, The marriage between the parties was solemnized on 21.11.2016 as per the Hindu rites and customs at Sakchi Gurudawara, Sakchi, Jamshedpur. After marriage, they lived at Jamshedpur where matrimonial discord started. Petitioner wife returned to her paternal house at Sonar Tola, Chitarpur, Ramgarh on 13.02.2017. She claims that she has no source of income and is completely dependent upon 80 years old ailing father. She is unable to attend the proceedings of the case at Jamshedpur by undertaking frequent travel as it is not only inconvenient but expensive for her. Therefore, she has prayed for transfer of the suit to Ramgarh.

Opposite party husband has filed a counter affidavit Learned Counsel for the opposite party submits that a false complaint case bearing no. 63 of 2019 has been lodged by her on 05.02.2019 under Section 498A, 323, 324, 307, 341 and 34 of the I.P.C. and Section 3/ 4 of the D.P. Act before the competent court at Ramgarh after the suit for restitution of conjugal rights was instituted In the said case learned court has taken cognizance only under Section 498A, 323 of the I.P.C and Section 3/ 4 of the D.P. Act and issued processes upon husband. The sister of the opposite party however has not been summoned. Opposite party husband is always willing and ready to resume conjugal life but it is not fructifying due to intransigence of the wife. During pendency of this transfer petition mediation proceedings have failed because of rigid approach of the petitioner wife. Opposite Party has to take care of his old parents at Jamshedpur. There are train services connecting Jamshedpur to Ramgarh, details of which are also indicated in the counter affidavit. Opposite party also alleged that he was attacked by the relatives of his wife at Ramgarh. He is working on a respectable post in a PSU Bank and got himself transferred from Bulandshahar in Uttar Pradesh to Jamshedpur to take care of his old and ailing parents as there is no one to attend them. If the case is transferred, he would not be able to properly prosecute it. It is submitted that the suit may be transferred to Ranchi, if at all necessary, so that it may be decided at an impartial place.

Learned counsel for the petitioner submits that petitioner wife has always been willing and ready to go back to her matrimonial home but it is the opposite party husband who has created hurdles for resumption of conjugal rights.

I have considered the submission of learned counsel for the parties in the light of the facts and circumstances noted above. Having regard to the fact that wife has no independent sources of income and that the opposite party holding a respectable post in a PSU bank with handsome salary has to attend the proceedings in criminal case at Ramgarh, which he has not sought transfer to any other place, it would be inconvenient and expensive for the petitioner to contest the original suit, if it is not transferred from Jamshedpur to Ramgarh in the circumstances of the case noted above.

As such, let Original Matrimonial Suit No. 583 of 2018 be transferred to the court of learned Principal District and Sessions Judge cum learned Principal Judge, Family Court, Ramgarh from the court of learned Additional Principal Judge, Additional Family Court, Jamshedpur. Let the record of Original Matrimonial Suit No. 583 of 2018 be transferred from the court of learned Additional Principal Judge, Additional Family Court, Jamshedpur to the court of learned Principal District and Sessions Judge cum Principal Judge, Family Court, Ramgarh without any delay.

Interim order dated 06.12.2019 stands vacated. The transfer petition is disposed of.