Kanak Kumari Gupta vs Dinesh Kumar Gupta

Heard learned counsel for the petitioner Mr. Kaushik Sarkhel and Ms. Shivani Kapoor for the opposite party-husband through Video Conferencing.

Petitioner-wife has sought transfer of Original Suit MTS Case No. 644/2019 instituted by the opposite party-husband for divorce from the Court of learned Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Jamtara.

During pendency of this proceeding, mediation proved to be unsuccessful. Marriage between the parties was solemnized on 20th June 2018. As per the petitioner-wife, though enough dowry was paid at the time of marriage, but within a short time, husband and his family members started torturing her on account of non- fulfilment of sufficient dowry demand. Rs. 5.00 lakh was demanded as additional dowry. It is alleged that she was denied food, etc., therefore, she had to leave the matrimonial home and return to her parental house at Jamtara. She had also received physical injury at the matrimonial home which she got treated at Popular Nursing Home, Jamtara. Thereafter, she filed a written complaint before Jamtara Mahila Police Station on 20.08.2019 being Jamtara Mahila P.S. Case No. 45/2019 under section 498A, 323, 325 and 34 of Indian Penal Code read with section 3 / 4 of Dowry Prohibition Act. In the meantime, opposite party instituted the suit on grounds of cruelty in which summons were issued to the Petitioner. Since she is unable to contest the proceedings at Ranchi in a proper manner due to lack of financial resources being a lady, she has been compelled to approach this Court for transfer of the Matrimonial Suit to Jamtara. It is submitted that if the case is not transferred, suit may end up in ex-parte decree since it may remain uncontested for the aforesaid reason.

Learned counsel for the opposite party-husband has strongly opposed the prayer. It is submitted that the matrimonial case was filed prior in point of time than the criminal case instituted by her at Jamtara. Since Jamtara and Ranchi are well connected by train, she will have no difficulty in attending the Court proceedings at Ranchi. It is alleged that opposite party has been threatened whenever he went to attend the proceedings in the criminal case at Jamtara. This Court in anticipatory bail application has been pleased to grant him protection under section 438 of Cr. P.C on the condition of payment of Rs. 8.00 lakh as ad-interim victim compensation to the wife vide ABA No. 1342/2020. Husband is always willing to settle the matter amicably as both of them are young and marriage is only two years old. However, because of intransigent attitude of the petitioner, mediation proceedings have failed. In those circumstances, it would be onerous for the husband to attend the proceedings at Jamtara in case matrimonial suit is transferred to the learned Family Court at Jamtara because he is employed under JUVNL and posted at Ranchi.

I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances from the pleadings on record, as above. During the mediation proceedings at JHALSA, they could not arrive at an amicable settlement. It is pertinent to mention here that even during pendency of this case, parties had joined proceedings on-line when efforts were made to ensure that their matrimonial dispute is honourably settled on mutually agreed terms and conditions since they are young and have long life and career ahead. Hoever that also proved unsuccessful. Contention of the petitioner that she may have difficulty in contesting the matrimonial suit at Ranchi, appears to be convincing since she is a young lady and does not appear to have any independent source of income. Moreover, opposite party is facing criminal case at Jamtara which he has to pursue in any case. Therefore, I deem it proper to direct that the Original Suit MTS No. 644./2019 be transferred from the Court of learned Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Jamtara. Let records of Original Suit MTS No. 644/2019 be sent forthwith to the Court of learned Principal Judge, Family Court, Jamtara. Accordingly, this application is allowed.

Needless to say, learned Family Court, Jamtara would also make endeavour to ensure that parties are able to arrive at an amicable settlement through mediation.