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(2024) Law Today Live Doc. Id. 18927 = 2024(2) L.A.R. 214
Decided on: 07.02.2024
For Petitioner(s):
Mr. Vivek Singh, AOR, Ms. Priya Rani Jha, Adv., Mr. Ritik Dwived, Adv., Mr. Sandeep Singh Dingra, Adv., Mr. Vishal Sundaramughan, Adv.
For Respondent(s):
Mr. Abhay Kumar, Adv., Mr. Mukul Dev Mishra, Adv., Mr. Ashok Anand, AOR, Mr. Rakesh Kumar Singh, Adv., Mr. Rajesh Kumar, Adv.
Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia) -- Code of Civil Procedure, 1908 (V of 1908), Section 25 -- Transfer of divorce petition – Jharkhand to Bihar – Petitioner employed at Bengaluru -- Stated that it would be difficult for her to defend the subject-case at Ranchi, Jharkhand as she has no family support either at Bengaluru or at Ranchi -- It is specifically submitted that most of the time, she is working from Katihar, where her parental home is situated -- It would be expedient for the ends of justice to transfer the subject-case as asked for by the petitioner -- Transfer Petition allowed.
(Para 3-7)
ORDER
1. The present petition has been filed by the petitioner-wife seeking transfer of a proceeding instituted under Section 13(1)(ia) of the Hindu Marriage Act, 1955, by the respondent-husband being Original Suit No. 932 of 2022, titled as “Mr. Atul Kumar Vs. Mrs. Priyanka Kumari” (subject-case) pending in the Family Court at Ranchi, Jharkhand to the Family Court at Katihar, Bihar.
2. Heard learned counsel appearing for the parties.
3. The respondent-husband resists transfer of the subject-case, inter alia, on the ground that the petitioner, at present, is in Bengaluru working with a Software Company and so is the respondent. But the petitioner contends that at present, she is working from her home at Katihar and it would be difficult for her to defend the subject-case at Ranchi, Jharkhand as she has no family support either at Bengaluru or at Ranchi. It is specifically submitted on her behalf that most of the time, she is working from Katihar, where her parental home is situated.
4. In such circumstances, it would be expedient for the ends of justice to transfer the subject-case as asked for by the petitioner.
5. We order accordingly.
6. The records of the proceedings shall be sent to the Family Court at Katihar, Bihar and the transferee Court shall proceed in the matter from the stage at which the matter is transferred to it.
7. The Transfer Petition stands allowed accordingly.
8. Pending application(s), if any, shall stand disposed of.
9. There shall be no order as to costs.
Petition allowed.
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