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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Pratima Kumari – Appellant
Versus
Suraj Kumar – Respondent
ORDER :
1. Read the office report dated 19th December, 2024, which reveals that service is deemed to have been effected.
2. The marriage between the petitioner, Pratima Kumari, and the respondent, Suraj Kumar, was solemnized on 10th December, 2018. On 11th January, 2019, a girl was born from the wedlock. However, the parties have since drifted apart owing to differences arising between them.
3. The respondent has instituted proceedings under Section 13(1)(A) and 13(2) of the Hindu Marriage Act, 1955, bearing HMA Petition No.1345 of 2023 titled “Suraj Kumar V. Pratima Kumari” before the Court of District Judge, Family Court, Faridabad, Haryana.
4. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the Court of District Judge, Family Court, Faridabad, Haryana to the Court of Competent Jurisdiction at Saran, Bihar.
5. The respondent has neither entered appearance nor has he filed any counter affidavit dealing with the statements/averments made in the transfer petition. We are, thus, inclined to the view that the respondent has no serious objection to grant of the prayer for transfer.
6. We are also otherwise satisfied
The court has the authority to transfer family law proceedings to ensure convenience and justice for the parties involved, especially when significant hardship is present.
The court emphasized the necessity of transferring proceedings for convenience and access to justice, particularly when the respondent does not contest the transfer.
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