IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 17 of 2023
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Rinki Devi Petitioner
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Versus
1.Pramod Sonar
2.Ganesh Sonar Opposite Parties
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N. PATHAK
CORAM : HON’BLE DR. JUSTICE S.
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For the Petitioner : Mr. Anjani Kumar, Advocate
For the Opp. Parties : Mr. P. K. Mukhopadhyay, Advocate
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08/ 28.06.2024
Heard the parties.
2.
The instant transfer petition has been filed under Section 24 of
the Code of Civil Procedure on behalf of petitioner-wife seeking
transfer of Original Suit No. 368 of 2022 filed under Section 13(1) of
the Hindu Marriage Act, 1955 by the opposite party-husband from the
Court of learned Principal Judge, Family Court, Giridih, to the Court of
leaned Principal Judge, Family Court, Dhanbad.
3.
The marriage of the petitioner with opposite party No.1 was
solemnized on 18.05.2006 according to Hindu rites and rituals under
the guidance of both the families.
4.
It is submitted by learned counsel for the petitioner that the
petitioner-wife is residing in the district of Dhanabd and the financial
condition of the petitioner is not sound enough that she can frequently
visit Giridih to pursue the case. Learned counsel submits that since
petitioner is a female, right has accrued to her to get the case transferred
at a place where she resides. In support of his contention, learned
counsel places reliance on the judgment passed by the Hon’ble Apex
Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors.
[Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs.
Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018].
5.
It is settled principle of law that the cardinal principle for
exercise of power under Section 24 of the Code of Civil Procedure is
that the ends of justice should demand the transfer of the suit, appeal or
other proceeding. In matrimonial matters, wherever Courts are called
upon to consider the plea of transfer, the Courts have to take into
consideration the economic soundness of both the parties, the social
strata of the spouses and their behavioural pattern, their standard of life
prior to the marriage and subsequent thereto and the circumstances of
both the parties in eking out their livelihood and under whose protective
umbrella they are seeking their sustenance to life. Given the prevailing
socio-economic paradigm in the Indian society, generally, it is the
wife’s convenience which must be looked at while considering transfer.
6.
Since the wife has approached this Court, it is for her
convenience that the matter is being transferred to the place where she
is residing.
7.
In view of the above discussion, the present transfer application
filed by the petitioner-wife is allowed and Original Suit No. 368 of
2022, pending before the Court of learned Principal Judge, Family
Court, Giridih is ordered to be transferred to the Court of Principal
Judge, Family Court, Dhanabd.
8.
The Court of learned Principal Judge, Family Court, Giridih is
directed to remit the records of Original Suit No. 368 of 2022, to the
Court of Principal Judge, Family Court, Dhanabd immediately. The
parties shall appear before the Principal Judge, Family Court, Dhanabd
on the date fixed.
9.
Transfer Petition is accordingly allowed.
(Dr. S. N. Pathak, J.)
Rohit/-
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