IN THE HIGH COURT OF JHARKHAND AT RANCHI

Transfer Petition (Civil) No. 20 of 2022

Deeksha Kumari Thakur @ Deekasa Kumari

--- --- Petitioner

Versus

Samresh Santara

--- --- Opposite Party

…....

CORAM: HON’BLE THE ACTING CHIEF JUSTICE

For the Petitioner : Mr. Anjani Kumar, Advocate

For the O.P.

: Mr. Lalit Yadav, Advocate

06/09.02.2023

Heard learned counsel for the parties.

2.

Petitioner wife is seeking transfer of Matrimonial Suit No. 666 of

2019, instituted by the opposite party husband for restitution of conjugal

right under Section 9 of the Hindu Marriage Act, 1956, from the court of

learned Principal Judge, Family Court, East Singhbhum at Jamshedpur

to the court of learned Principal Judge, Family Court, West Singhbhum

at Chaibasa.

3.

Parties were married on 19.11.2018 and due to marital discord the

petitioner is living in her parental home with her parents upon whom she

is fully dependent. There are no other cases between the parties, neither

criminal nor civil. However, petitioner finds it difficult to attend to the

proceedings of the matrimonial suit at Jamshedpur since both the places

are separated by about 90 Km, which she cannot afford also due to no

independent sources of income.

4.

Learned counsel for the opposite party has opposed the prayer. He

submits that the two places are not separated by a considerable distance

and commuting between Chaibasa and Jamshedpur is not a difficult task.

Therefore, he has prayed that petition may be rejected.

5.

I have considered the submissions of learned counsel for the

parties and taken note of the pleadings on record. Having regard to the

fact that in such cases wife’s convenience has to be given a primary

consideration and that she is without any source of income, she may

definitely face difficulty in properly contesting the suit if it is not

transferred from the learned Family Court, Jamshedpur to learned

Family Court, Chaibasa. The opposite party husband may not have that

difficulty.

6.

As such, Matrimonial Suit No. 666 of 2019 is transferred from

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the court of learned Principal Judge, Family Court, East Singhbhum at

Jamshedpur to the court of learned Principal Judge, Family Court, West

Singhbhum at Chaibasa.

6.

Transfer petition is allowed. Interim order stands vacated.

(Aparesh Kumar Singh, A.C.J.)

A.Mohanty