Smt. Punam Singh @ Poonam Kumari vs Niranjan Kumar

Hon''ble Mrs. Justice Poonam Srivastav

This is a transfer petition at the behest of the wife to transfer the matrimonial petition from Family Court, Palamau at Daltonganj to the court of District Judge, Koderma.

I have gone through the entire order-sheet. Apparently, the counsel appearing on behalf of the husband-opposite party was allowed time to file counter affidavit, but no counter affidavit is on record. Till date, proceedings continued and finally having no other option, the counsel on behalf of the petitioner moved I.A. No. 334 of 2011 to stay the proceedings in Matrimonial Suit No. 16 of 2010. This Court stayed the proceedings till the final disposal.

The transfer petition is called out thrice, but counsel appearing on behalf of the husband-opposite party is not available. Thus, I am not inclined to grant further adjournments and the transfer petition is being heard on merit and decided finally.

The ground for transfer is that the applicant is a poor lady with a small child of one year. This fact was mentioned in the year 2010. However, the child is approximately 2 1/2 years old today and she has no source of income, therefore, she is unable to attend the proceedings before the court at Palamau, Daltonganj. The applicant can ill-afford to travel with a small child on each and every date fixed, besides, she has no other person who can accompany her on various dates and this has considerably led to institution of the transfer petition.

After going through the assertions made in the transfer petition, I am convinced that the applicant is finding it difficult to travel to and fro to Palamau at Daltonganj, specially she is residing at Jhumri Tilaiya. It is also mentioned at the time when the transfer petition was filed that she was suffering from Jaundice and she herself has a frail health. In view of all these circumstances, I am of the considered opinion that the applicant can ill-afford to travel on the date fixed in the Matrimonial suit and, therefore, the same should be transferred before the nearest court where the applicant is presently residing i.e. the District Judge, Koderma.

The instant transfer petition is allowed. The Matrimonial Title Suit No. 16 of 2010 pending before the Family Court, Palamau at Daltonganj shall be transferred with all the records, to the court of District Judge, Koderma within a period of two weeks from the date a certified copy of this order is produced before him. No further proceeding shall be carried out in the matrimonial suit in the Family Court, Palamau at Daltonganj.