Rekha Kumari vs Pramod Kumar Das

Mr. Manish Kumar on instructions of learned counsel on record, Mr.

Praveen Akhouri appears for the petitioner and Mr. P.C. Tripathi, learned Senior Advocate appears for the opposite party through Video Conferencing.

Petitioner-wife has sought transfer of Original Suit No. 232 of 2018 instituted for restitution of conjugal rights under Section 9 of the Hindu Marriage Act by the husband from the court of learned Principal Judge, Family Court, Sahibganj to the learned Family Court, at Ranchi. Marriage between the parties was solemnized on 22nd April, 2016 at Ranchi. Husband is a teacher at Sahibganj College. Parties lived in the matrimonial home at Sahibganj. Petitioner has made allegations of extra marital relationship against the husband and states that she had to come back to her paternal house because of physical torture whenever she used to object to the relationship. At Ranchi she has filed a Complaint Case No. 4777 of 2018 against the opposite party-husband under Section 498-A of the IPC read with Section 3/4 of Dowry of Prohibition Act. She has also sought maintenance in Miscellaneous Case No. 335 of 2018 under Section 125 of Cr.P.C, which is pending before the learned Family Court, Ranchi. Opposite party has been attending to this proceeding. He has also filed Anticipatory Bail Application No. 1866 of 2019 before the learned Principal Judicial Commissioner, Ranchi, whereunder mediation was held, but it proved to be unsuccessful. Therefore, learned counsel for the petitioner prays that Original Suit No. 232 of 2018 may be transferred to learned Family Court, at Ranchi, otherwise petitioner may not be able to properly contest the suit at Sahibganj.

Learned Senior counsel appearing for the opposite party Mr. P.C. Tripathi submits that the opposite party has always been willing to resume conjugal life and settle the dispute. He was compelled to file a suit for restitution of conjugal rights in view of the intransigent attitude of the wife. However, she went upon harassing the husband by instituting criminal case and maintenance case one after the other at Ranchi. If she is ready to go back to the matrimonial home, he is willing to accept her with open arms. He is otherwise also willing to settle the matrimonial dispute on any mutually agreed terms. Transfer of the suit to Ranchi may prove to be onerous to him.

I have considered the submission of learned counsel for the parties in the light of the material facts pleaded and the grounds urged.

Having regard to the fact that the petitioner is a lady without any independent source of income pursuing a maintenance case before learned Family Court, Ranchi and that a complaint case has been instituted against the husband pending before the court of learned 1st Class, Judicial Magistrate, Ranchi which the opposite party husband has to attend to and contest, it would be onerous and expensive for her to attend the proceedings of the Original Suit No. 232 of 2018 at Sahibganj, The opposite party is a teacher in Sahibganj college and has been attending two cases at Ranchi instituted by her. Therefore it would be in the fitness of things that Original Suit No. 232 of 2018 be transferred from the Court of learned Principal Judge, Family Court, Sahibganj to the Court of learned Principal Judge, Family Court, at Ranchi Let the records of Original Suit No. 232 of 2018 be transmitted to learned Principal Judge, Family Court, at Ranchi without any delay.

The instant application stands allowed.

Interim order dated 28.02.2020 stands vacated.