Kabita Paul vs Jayanta Paul

P.P. Bhatt, J.—Petitioner by way of filing the present petition has prayed for transfer of T(M) S No. 65 of 2012, filed u/s 9 of the Hindu Marriage Act, 1955, which is pending in the Court of learned Principal Judge, Family Court, Dhanbad, to the Court of learned Principal Judge, Family Court, Jamshedpur. Heard the learned Counsel for the petitioner as well as opposite party and perused the material placed on record.

It appears that the matrimonial case has been filed u/s 9 of the Hindu Marriage Act, 1955 by the opposite party at Dhanbad. Petitioner-wife is residing at Jamshedpur having small child aged about two years. Father of the petitioner is also about seventy years and is a patient of high blood pressure and therefore, looking to the distance between the Jamshedpur and Dhanbad, it is difficult for the petitioner-wife to attend the court proceeding at Dhanbad.

The learned Counsel appearing for the opposite party, while referring the counter-affidavit filed by the opposite party, tried to justify his case for retention of the matter in Dhanbad.

Having regard to the facts and circumstances of the case and also considering the comparative hardship of the parties, this Court is of the view that it would be just and proper in the interest of justice to transfer the case from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Jamshedpur.

Learned Counsel for the opposite party also submitted that the case has been filed u/s 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and he is ready and willing to keep his wife and for this purpose, if need be he is also ready to participate in a conciliation/mediation proceedings. For this purpose, learned Principal Judge, Family Court, Jamshedpur may refer the case to the conciliation/mediation centre after transfer of the case. In view of the above position, present petition is allowed. Accordingly, T(M) S No. 65 of 2012, filed u/s 9 of the Hindu Marriage Act, 1955, which is pending in the Court of learned Principal Judge, Family Court, Dhanbad is ordered to be transferred to the Court of learned Principal Judge, Family Court, Jamshedpur. The record & proceedings of the said case be sent to the Court of learned Principal Judge, Family Court, Jamshedpur.