Sahina Parween vs Irshad Anwar

This application has been filed under Section 24 C.P.C for transfer of Matrimonial(Title) Suit no.286/2015 from the court of Principal District Judge,

Ramgarh to the court of Principal Judge, Family Court, East Singhbhum at Jamshedpur.

Learned counsel for the petitioner has submitted that the marriage between the parties was solemnized on 13.11.2011 and out of the wedlock a child

was born. That due to mal-treatment and harassment meted to the petitioner by the O.P. she was compelled to leave her matrimonial home and to

take refuge in her parental house. She tried for reconciliation but the O.P./husband’s obduracy and stubbornness resulted in failure of such

reconciliation attempt. Thereafter she filed a criminal case under Section 498A and other allied sections of Indian Panel Code in the court at

Jamshedpur. It is argued that due to the impecunious condition of the petitioner she is facing great difficulty and hardship in travelling from

Jamshedpur to Ramgarh and to defend the suit by engaging an Advocate at Ramgarh.

On the above grounds, the transfer of the suit has been sought.

Learned counsel for the O.P. has opposed and submitted that the O.P. is always ready and willing to resume the conjugal life, therefore, he has

instituted the suit for restitution of conjugal life under Section 9 of the Hindu Marriage Act, 1955. It is argued that the petitioner, on her own accord,

has left the matrimonial home. In fact reconciliation failed due to the adamant attitude of the petitioner. That no sufficient cause or justifiable ground is

made out for acceding to the prayer for transfer of the suit. Â Heard. It is not disputed that the petitioner has filed a criminal case under Section 498A

IPC and other allied sections in the courts at Jamshedpur. The O.P. is facing trial in the said case. The petitioner along with her children is dependent

upon her parents. She does not have sufficient funds to provide for the travelling expenses from Jamsmhedpur to Ramgarh neither the money to

engage a counsel to defend the suit at Ramgarh. Â

In the attending facts and circumstances, this petition is allowed and Matrimonial(Title) Suit no.286/2015 is ordered to be transferred from the court of

Principal District Judge, Ramgarh to the court of Principal Judge, Family Court, East Singhbhum at Jamshedpur, at the stage at which it is.

Let a copy of this order be communicated forthwith to the courts below.