Kumari Rekha v. Sunil Bharti

IN THE HIGH COURT OF JHARKHAND AT RANCHITransfer Petition (Civil) No. 86 of 2023 ---------- Kumari Rekha, D/o. Prabhu Dayal Modi, r/o. near Hanuman Mandir, Jasidih, P.O. Jasidih Bazar, P.S. Deoghar, Dist. Deoghar (Jharkhand). ……Petitioner Versus Sunil Bharti, s/o. Inshwar Modi, r/o. Income Tax Colony, Opposite Combined Building, Luby Circular Road, P.O. & P.S. Dhanbad, Dist. Dhanbad (Jharkhand). ……Opp. Party ------ CORAM : HON’BLE DR. JUSTICE S.N. PATHAK ------ For the Petitioner : Mr. Niranjan Kr. Sinha, Advocate Mr. K.S. Nanda, Advocate Mr. Lukesh Kumar, Advocate For the Opp. Party : ----- 04/ 18.09.2024Heard the parties. 2.Instant transfer petition has been filed by the petitioner-wife for transfer of Original Suit Guardianship Case No. 321/2023, pending in the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Deoghar as petitioner is residing at Deoghar along with her father and minor child. transfer of Original Suit Guardianship Case No. 321/2023, pending in the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Deoghar as petitioner is residing at Deoghar along with her father and minor child. 3.Earlier notices were issued and opposite party has made his appearance. appearance. 4.Learned counsel appearing for the opposite party very fairly submits that he is not opposing the transfer of the suit but a direction be given to the petitioner to co-operate as per the order and direction passed by the learned Trial Court in Original Suit Guardianship Case No. 321/2023. submits that he is not opposing the transfer of the suit but a direction be given to the petitioner to co-operate as per the order and direction passed by the learned Trial Court in Original Suit Guardianship Case No. 321/2023. 5.On the other hand, it has been submitted by learned counsel appearing for the petitioner that already the relationship of husband and wife has come to an end since decree has been drawn and divorce has been given effect to. Now, the issue remains regarding custody of appearing for the petitioner that already the relationship of husband and wife has come to an end since decree has been drawn and divorce has been given effect to. Now, the issue remains regarding custody of the child and for the said purpose, opposite party-husband has filed Original Suit Guardianship Case No. 321/2023, which is pending in the Court of learned Principal Judge, Family Court, Dhanbad. However, petitioner is not in a position to contest the case at Dhanbad and as such, for the ends of justice, the case be transferred from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Deoghar. 6.In view of submissions of the parties, this Court is of the view that since petitioner, who is a lady, has approached this Court, a fair and sympathetic consideration should be given to her. The similar issue fell for consideration before the Hon’ble Apex Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018].that since petitioner, who is a lady, has approached this Court, a fair and sympathetic consideration should be given to her. The similar issue fell for consideration before the Hon’ble Apex Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018]. 6.In view of submissions of the parties, this Court is of the view that since petitioner, who is a lady, has approached this Court, a fair and sympathetic consideration should be given to her. The similar issue fell for consideration before the Hon’ble Apex Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018].that since petitioner, who is a lady, has approached this Court, a fair and sympathetic consideration should be given to her. The similar issue fell for consideration before the Hon’ble Apex Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018]. 7.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. 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. 8.Since the wife has approached this Court, it is for her convenience that the matter is being transferred to the place where she is residing. convenience that the matter is being transferred to the place where she is residing. 9.In view of the above discussion, the present transfer application filed by the petitioner-wife is allowed and Original Suit Guardianship Case No.321/2023, pending in the Court of learned Principal Judge, Family Court, Dhanbad is directed to be transferred to the Court of learned Principal Judge, Family Court, Deoghar. filed by the petitioner-wife is allowed and Original Suit Guardianship Case No.321/2023, pending in the Court of learned Principal Judge, Family Court, Dhanbad is directed to be transferred to the Court of learned Principal Judge, Family Court, Deoghar. kunal 10.The Court of learned Principal Judge, Family Court, Dhanbad is directed to remit the records of Original Suit Guardianship Case No.321/2023, to the Court of learned Principal Judge, Family Court, Deoghar. The parties shall appear before the Court of learned Principal Judge, Family Court, Deoghar on the date fixed. directed to remit the records of Original Suit Guardianship Case No.321/2023, to the Court of learned Principal Judge, Family Court, Deoghar. The parties shall appear before the Court of learned Principal Judge, Family Court, Deoghar on the date fixed. 11.Transfer Petition is accordingly allowed. (Dr. S. N. Pathak, J.)