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2020 DIGILAW 245 (JHR)

Santosh Arora v. Gurjeet Singh Hora

2020-02-07

APARESH KUMAR SINGH

body2020
JUDGMENT 1. Heard learned counsel for the parties. 2. Petitioner no.1 instituted Maintenance Suit No.76 of 2017 pending before the court of learned Principal District & Sessions Judge cum designated Family Court, Ramgarh , which she wants to be transferred to the competent Family Court at Hazaribag. The maintenance suit has been instituted by the petitioner wife and her 13 years old daughter against the husband - sole opposite party. The marriage is of the year 2003 and a girl child was born in 2005. She had a complain of cruelty and had instituted a criminal case earlier against the husband and family members and also made a written complaint before the Gurudwara Sri Guru Singh Sabha, Ramgarh Cantt. Ramgarh. However with mutual consent a compromise was drawn and she went back to the matrimonial home on certain condition of payment of expenses of Rs.3000/- for the study of her daughter. She has enclosed medical prescription of the year 2013, which shows that she was suffering from some abnormality of her spinal cord. It is the case of the petitioner no.1 that she was again tortured, as a result, she got paralyzed for quite some time and had to leave her teaching job due to bad health in the year 2015. She is suffering from chronic disease called as Stevens Jhonsons syndrome. Her daughter has been shifted to a Boarding School at Ranchi and petitioner no.1 is staying with her parents at Hazaribag. Because of inability of her parents to support her financially and also due to old age, she had to file maintenance suit before the learned Principal District & Sessions Judge cum designated Family Court, Ramgarh under Section 125 Cr.P.C. (Annexure-3). She contends that when she came back to the matrimonial house on 07.02.2018, she was again assaulted and threatened to kill her along with her daughter. She then filed Ramgarh P.S. Case No. 06 of 2018 on 09.02.2018 under Section 498A of the I.P.C. It is the case of the petitioner that whenever she has visited Ramgarh, she has been threatened. She has also complained to the Superintendent of Police, Ramgarh but no steps have been taken. She then filed Ramgarh P.S. Case No. 06 of 2018 on 09.02.2018 under Section 498A of the I.P.C. It is the case of the petitioner that whenever she has visited Ramgarh, she has been threatened. She has also complained to the Superintendent of Police, Ramgarh but no steps have been taken. In the criminal case opposite party husband has been granted anticipatory bail on the condition of payment of Rs.7000/- per month for both petitioner and her daughter as interim maintenance vide order dated 30.10.2018 passed in A.B.A. No. 3203 of 2018 (Annexure-6). 3. Learned counsel for the petitioner submits that because of her medical condition and on ground of hardship the maintenance case should be transferred from Ramgarh to Hazaribag. Learned counsel for the petitioner does not dispute however that distance between Ramgarh and Hazaribag is hardly 40 Km approximately and is well connected. However, she submits that the maintenance suit was filed at the time when she was residing at Ramgarh but due to torture she shifted to her parents house at Hazaribag and it is difficult for her to prosecute the suit at Ramgarh. She has also filed a suit for divorce at Hazaribag being MTS No. 06 of 2019. However, it is not disputed by learned counsel for the petitioner that petitioner no.1 has not filed any application before this Court for transfer of Ramgarh P.S. Case No. 06 of 2018 to Hazaribag but say that it is in the offing. 4. Learned counsel for the opposite party submits that petitioner being dominus litis had herself filed the maintenance suit in Ramgarh and thereafter a criminal case under Section 498A of the I.P.C at Ramgarh against the husband. She has not prayed for transfer of the criminal case to Hazaribag. On the matrimonial suit for divorce, he does not have any instruction as to whether the opposite party husband has appeared or not. It is further submitted that the petitioner no.1 is employed as teacher in some college and is getting handsome salary. There is no letter of resignation annexed to the pleading showing that she is out of job. Since Ramgarh and Hazaribag are sister town in practical terms, connected with 4 lane highway, petitioner will not have any inconvenience to attend the proceedings of the maintenance suit at Ramgarh. There is no letter of resignation annexed to the pleading showing that she is out of job. Since Ramgarh and Hazaribag are sister town in practical terms, connected with 4 lane highway, petitioner will not have any inconvenience to attend the proceedings of the maintenance suit at Ramgarh. Moreover, she will otherwise have to come to Ramgarh to attend the criminal case, which is at the stage of framing of the charge. Therefore no plausible grounds are made for transfer of the maintenance suit from Ramgarh to Hazaribag. 5. I have considered submission of learned counsel for the parties and also taken note of the rival pleadings and grounds taken by the petitioner no.1 and the opposite party in support or in opposition to the prayer of transfer of the maintenance suit to Hazaribag. Though the maintenance suit has been instituted by the petitioner at Ramgarh in 2017 being the dominus litis, but the same is sought to be transferred to Hazaribag as she now resides with her parents at Hazaribag. Medical grounds have also been taken for its transfer. It is also true that petitioner no.1 has lodged a criminal case at Ramgarh against the opposite party under Section 498A I.P.C., which is pending and no petition for transfer of that criminal case has been filed before this Court. On the other hand, petitioner no.1 has also filed a divorce suit at Hazaribag against the opposite party. Though Ramgarh and Hazaribag are well connected and separated by a small distance of 40 KM, but petitioner no.1 being the wife, who has lodged a divorce case before the competent court at Hazaribag, may have practical difficulty in attending both the suit, one at Ramgarh and other at Hazaribag, which is in relation to the divorce matter against the same opposite party husband who will have to appear in the proceeding of the divorce suit at Hazaribag also. The institution of the criminal case at Ramgarh may be because she was subjected to torture while living at her matrimonial home at Ramgarh at that point of time. There are also medical conditions evidenced by the petitioner no.1. 6. In those circumstances, taking a considerate view of the matter, this Court is of the opinion that interest of justice would be served if the maintenance suit no. There are also medical conditions evidenced by the petitioner no.1. 6. In those circumstances, taking a considerate view of the matter, this Court is of the opinion that interest of justice would be served if the maintenance suit no. 76 of 2017 is transferred from the court of learned District & Sessions Judge cum designated Family Court, Ramgarh to the court of learned Principal Judge, Family Court, Hazaribag. It is ordered accordingly. Let the record of the maintenance suit no. 76 of 2017 be transferred to the court of learned Principal Judge, Family Court, Hazaribag by the learned Principal District & Sessions Judge cum designated Family Court, Ramgarh forthwith. The transfer petition is allowed.