CIVIL) No. 03 of 2023 · Jharkhand High Court

For the Petitioner :Ms. Shilpi Sandil, Advocate For the O. Party :Mrs. Jasvindr Mazumder, Advocate 05/16.06.2023 Heard .

The instant transfer petition is filed under Section 24 of the Code of Civil Procedure on behalf of petitioner-wife seeking transfer of Original Suit for Restitution of Conjugal Rights being O.S. No. 1077/2022, filed by the opposite party-husband from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Dumka. It is submitted by learned counsel for the petitioner that the petitioner-wife is residing in Dumka along with her mother and child. The petitioner is a house-wife and she is not employed anywhere and has no source of income. The Dhanbad Court is at a distance of more than 120 kilometers from Dumka. It is further submitted that without any source of income, petitioner being a female, is unable to attend the proceedings of the suit at Dhanbad, whereas the opposite party has many source of income and is capable of attending the proceedings of the suit, if transferred to Dumka. Learned counsel further argues that petitioner has been subjected to cruelty, coercion and harassment at the hands of the opposite party-husband and there is every likelihood that she would be pressurized by the husband if the case is not transferred to the Court at Dumka. Learned counsel submits that for the ends of justice, the case may be transferred from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Dumka. RC 2

Learned counsel for the opposite party opposes the prayer and submits that petitioner-wife has deserted the opposite party- husband and given mental agony. Opposite party-husband has filed the suit for restitution of conjugal rights and is still ready and willing to keep the petitioner-wife with full dignity, care and love. It appears that petitioner is residing at Dumka along with her widow mother and child and expenses are borne by the mother herself. It is well settled legal position that while going into merits of a transfer application, Courts are required to give more weight age and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed taking into consideration convenience of the female and the Courts should desist from putting female litigants under undue hardships. In such type of matters, the convenience of the wife is to be preferred over the convenience of the husband. In view of the above discussion, the present transfer application filed by the petitioner-wife is allowed and case bearing Original Suit for Restitution of Conjugal Rights being O.S. No. 1077/2022, filed by the opposite party-husband pending before the Court of Principal Judge, Family Court, Dhanbad is ordered to be transferred to the Court of Principal Judge, Family Court, Dumka. The Court of Principal Judge, Family Court, Dhanbad is directed to remit the record of Original Suit for Restitution of Conjugal Rights being O.S. No. 1077/2022, filed by the opposite party-husband to the Court of Principal Judge, Family Court, Dumka on the next date of hearing and/or upon receipt of a copy of this order. The Transfer Petition is accordingly allowed. (Dr. S.N. Pathak, J.)