Jurry Chowbey vs Ambrish Chowbey

This is a transfer petition at the instance of the petitioner-wife seeking transfer of Matrimonial Case, being Original Suit No.153 of 2018, titled as Mr. Ambrish Chowbey vs. Smt. Jurry Chowbey, pending in the Court of Principal Judge, Family Court at Dhanbad, Jharkhand to any competent Family Court at Alipur, District-South 24 Parganas, West Bengal.

When the matter was taken up for hearing on 16.08.2019, learned counsel for the parties stated that their clients might be allowed to resolve their disputes through mediation. Accordingly, the parties were directed to approach the Supreme Court Mediation Centre on Friday, the 30th August, 2019 at 11.00 a.m.

Pursuant to the said order, Mediation Report dated 08.11.2019 has been received from the Supreme Court Mediation Centre wherein it has been stated that the parties could not arrive at an amicable settlement and hence, the mediation was unsuccessful.

On 13.12.2019 and 16.12.2019, when the matter was taken up for hearing, learned counsel for the respondent-husband was not present. Today also, no one has appeared on behalf of the respondent-husband.

Heard learned counsel for the petitioner-wife and carefully perused the record.

The petitioner has sought transfer of the case mainly on the ground of her inability to travel from Kolkata to Dhanbad, which is at a distance of more than 280 km., leaving her two minor daughters, to attend the proceedings of the case filed by the respondent.

In view of the hardships which will be faced by the petitioner in contesting the case at Dhanbad, Jharkhand, and in view of the fact that the petitioner-wife has already filed a case number 420/2018 against the respondent-husband under the Protection of Women from Domestic Violence Act, 2005 in the Court of ACJM, Alipur, we deem it proper to allow the transfer petition and transfer Matrimonial Case, being Original Suit No.153 of 2018, titled as Mr. Ambrish Chowbey vs. Smt. Jurry Chowbey, pending in the Court of Principal Judge, Family Court at Dhanbad, Jharkhand, to the Court of District Judge, Alipur, District-South 24 Parganas, West Bengal, who may try the case himself/herself or make over the same to any other Court of competent jurisdiction. Ordered accordingly.