Monka @ Menka Kumari vs Pramod Kumar

Narendra Nath Tiwari, J.—This petition, the Petitioner has prayed for transfer of Matrimonial Suit No. 08 of 2010, filed u/s 9 of the Hindu Marriage Act by the Opposite Party, from the Court of Principal Judge, Family Court, Jamshedpur to the Court of Principal Judge, Family Court, Hazaribagh.

It has been stated that between the same party, one case being Complaint Case No. 1041 of 2010 (Tr. No. 1122 of 2010) is pending in the Court of Judicial Magistrate, Hazaribagh. According to the Petitioner, the Matrimonial Suit is pending in the Court at Jamshedpur which is 150 kms away from Hazaribagh. The Petitioner was driven out by the Opposite Party from her matrimonial home and now she is living with her parents at Hazaribagh. The Opposite Party has an affair with a girl namely Shanti and due to that she was beaten and driven out from her matrimonial home. The Petitioner''s father''s leg has been amputated. Hence, he is physically unable to assist and accompany her to Jamshedpur. There is No. other male member in the family to assist the Petitioner and it is very difficult for a lonely lady to undertake journey from Hazaribagh to Jamshedpur repeatedly and defend the said Matrimonial Suit.

The Opposite Party has contested the petition. It has been stated inter alia that the Opposite Party is always ready and willing to keep the Petitioner with him, but on one pretext or the other, the Petitioner does not want to live with the Opposite Party. As a matter of fact, the Petitioner wants that the Opposite Party should stay with her in her father''s house at Hazaribagh as Gharjamai.

However, the Opposite Party has not disputed the pendency of Complaint Case No. 1041 of 2010 in the Court of Judicial Magistrate at Hazaribagh. It is also not disputed that he has engaged one counsel at Hazaribagh to defend his case.

In view of the facts above, I find that the Petitioner is a lady and there is nobody to accompany her to Jamshedpur, it will not be convenient for her to attend the said matrimonial Suit at Jamshedpur. On the other hand, the Opposite Party has already engaged a counsel to defend himself in the complaint case at Hazaribagh and it will not be inconvenient for him to pursue his Matrimonial Suit at Hazaribagh.

Considering the above, this petition is allowed. Matrimonial Suit No. 08 of 2010 pending in the Court of Principal Judge, Family Court, Jamshedpur is transferred to the Court of Principal Judge, Family Court, Hazaribagh.