Rashmi Srivastava vs Sri Kamal Kishore Srivastava

Narendra Nath Tiwari, J.—In this petition, the Petitioner has prayed for transfer of Matrimonial Title Suit No. 01 of 2008 from the court of District Judge, Simdega to the court of Principal Judge, Family Court at Ranchi.

It has been stated that the opposite party is the husband. He filed Matrimonial Title Suit No. 01/2008 in the court of District Judge, Simdega seeking decree of divorce. The Petitioner was earlier driven out from her matrimonial home by the opposite party and she has been living at Ranchi with her parents. Petitioner has a small baby and there is nobody to look after the baby. Another suit filed for restitution of conjugal right being MTS No. 70 of 2009 is pending in the court of Principal Judge, Family Court, Ranchi where the opposite party has appeared and engaged his counsel. Distance of Simdega from Ranchi is about 170 K.M. and it is not possible for the Petitioner to undertake journey alone with the baby. There is No. male member to accompany her to Simdega. Under the said circumstances the Petitioner has prayed for transfer of MTS No. 01/2008 from District Judge, Simdega to Principal Judge, Family Court, Ranchi. It has been submitted that the opposite party has already engaged his counsel and has been defending M.T.S. No. 70 of 2009 at Ranchi and it will not be inconvenient for him, if the T.S. No. 01 of 2008 is also transferred to the court of Principal Judge, Family Court, Ranchi.

The opposite party has contested the petition stating, inter-alia, that he is unemployed and it will not be convenient for him to contest the case at Ranchi. He further submitted that the Petitioner can travel to Simdega and there will be No. difficulty for her to contest the case at Simdega.

Learned Counsel for the Petitioner submitted that since the opposite party has appeared and is contesting on suit at Ranchi, there will be No. difficulty for him in pursuing the said Matrimonial Title Suit filed by him, whereas the Petitioner is a lonely lady and she has a small baby, it is very difficult for her to defend the case at Simdega.

Learned Counsel for the opposite party, on the other hand, submitted that the opposite party had to file suit for divorce as the Petitioner is suffering from mental disorder. He has submitted that the suit for restitution of conjugal right has been deliberately filed at Ranchi. The opposite party is an unemployed person and he shall be put to unnecessary loss and harassment, if the said suit is transferred from Simdega to Ranchi.

I have heard learned Counsel for the parties and considered the facts and circumstances of the case. The fact that the Petitioner is living with her father at Ranchi and that Matrimonial Title Suit for restitution of conjugal right is pending in the court of Principal Judge, Family Court, Ranchi as also the Petitioner has a small baby, has not been disputed by the opposite party. On the other hand, the opposite party has also alleged that the Petitioner is suffering from mental disorder.

In view of the above, I find good grounds made out for transferring the Matrimonial Title Suit No. 01/2008 from the Court of District Judge, Simdega to Principal Judge, Family Court, Ranchi. Since the opposite party has already appeared in the suit filed by the Petitioner in Family Court, Ranchi, it will also not be inconvenient for the opposite party, if the said Title Suit pending in the court of District Judge, Simdega is transferred to the Family Court, Ranchi.

Considering the above, this petition is allowed. MTS No. 01/2008 is transferred from the Court of District Judge, Simdega to the Family Court, Ranchi.