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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Transfer Petition (Civil) No. 9 of 2023

Gurmit Kaur

…

…

Petitioner

Versus

Hardip Singh

…

…

Opposite Party

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CORAM : HON’BLE DR. JUSTICE S.N. PATHAK

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For the Petitioner

:

Mr. Ritesh Kumar, Advocate

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3/ 12.05.2023

Heard learned counsel for the petitioner.

2.

The instant transfer petition is filed under Section 24 of the Code

of Civil Procedure on behalf of petitioner-wife seeking transfer of M.T.S. No.

325 of 2022 subsequently registered as Original Suit No. 325 of 2022 filed by

the opposite party-husband from the Court of Principal Judge, Family Court,

Hazaribag to the Court of Principal Judge, Family Court, East Singhbhum at

Jamshedpur.

3.

It is submitted by learned counsel for the petitioner that the

petitioner-wife is residing in Jamshedpur with her brother. The petitioner is a

house-wife and she is not employed anywhere and has no source of income.

The Hazaribag Court is at a distance of more than 225 kilometers from

Jamshedpur. It is further submitted that without any source of income, she is

unable to attend the proceedings of the suit at Hazaribag, whereas the opposite

party has many source of income and is capable of attending the proceedings

of the suit, if transferred to Jamshedpur.

4.

Learned counsel for the opposite party opposed the prayer and

submits that since the opposite party is working and posted at Hazaribag, it

would be very difficult for him to prosecute the suit if it is transferred to

Jamshedpur.

5.

It is well settled legal position that while going into the merits of

a transfer application, Courts are required to give more weightage 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 their convenience 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.

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6.

In view of the above discussion, the present transfer application

filed by the petitioner-wife is allowed and case bearing M.T. S. No. 325 of

2022, subsequently registered as Original Suit No. 325 of 2022, titled as

Hardip Singh Vs. Gurmit Kaur, pending before the Court of Principal Judge,

Family Court, Hazaribag is ordered to be transferred to the Court of Principal

Judge, Family Court, East Singhbhum at Jamshedpur.

7.

The Court of Principal Judge, Family Court, Hazaribag is

directed to remit the record of M.T. S. No. 325 of 2022, subsequently

registered as Original Suit No. 325 of 2022 to the Principal Judge, Family

Court, Jamshedpur immediately. The parties shall appear before the Principal

Judge, Family Court, Jamshedpur on the date fixed.

8.

Transfer Petition is accordingly allowed.

(Dr. S. N. Pathak, J.)

R.Kr.