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2024 DIGILAW 209 (CHH)

Geeta, W/o. Lalit Kumar v. Lalit Kumar, S/o. Late Shri Vibhishan Lal

2024-03-05

RAJANI DUBEY

body2024
ORDER : Rajani Dubey, J. Present petition has been filed under Section 24 of Code of Civil Procedure for transfer of Civil Suit No.92-A/2022 filed by the respondent before Family Court, Surajpur, Distt. Surajpur under Section 13 of the Hindu Marriage Act, 1955 to the Family Court, Baikunthpur, Distt. Koriya. 2. Facts, in brief, of the case are that the applicant was married with the respondent on 15.6.2020 and after marriage, they were residing together at Village-Jhalpara, Agastpur. Ramanujnagar, Distt. Surajpur. However, due to some disputes between them, they started living separately. The applicant filed an application under Section 9 of Hindu Marriage Act before the Family Court, Baikunthpur whereas the respondent filed an application under Section 13 of the Hindu Marriage Act before the Family Court, Surajpur. 3. Learned counsel for the applicant submits that when the applicant appeared on 17.10.2023 before the Family Court, Surajpur to attend the proceedings of Civil Suit No.92A/2022 filed by the respondent, she was threatened by the respondent and his elder brother to withdraw the case filed against the respondent before the Family Court, Baikunthpur and therefore, she filed a written complaint on 20.10.2023 to this effect before the Superintendent of Police, Surajpur vide Annexure A3. The applicant has to go to Surajpur all alone and as such, there is risk of her safety and life because the respondent is threatening her to withdraw the case filed at Baikunthpur whereas she is making all endavour to live with him and therefore, she has filed an application under Section 9 of the Hindu Marriage Act. Further, he submits that it is well settled law that while considering the transfer petitions involving matrimonial cases, convenience of the wife has to be taken into consideration by the Court. Hence, the aforesaid suit pending before the Family Court, Surajpur be transferred to the Family Court, Baikunthpur. 4. On the other hand, learned counsel for the respondent opposing the submission of the applicant, contends that the distance between Surajpur and Baikunthpur is around 32 km and there are sufficient means of transportation to travel these places. The applicant only in order to make out a case for transfer of the suit to Baikunthpur from Surajpur, made a false complaint against the respondent whereas no such incident took place. Therefore, the present petition being without any substance is liable to be dismissed. 5. The applicant only in order to make out a case for transfer of the suit to Baikunthpur from Surajpur, made a false complaint against the respondent whereas no such incident took place. Therefore, the present petition being without any substance is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. Hon'ble Supreme Court in the matter of Rajani Kishore Pardeshi Vs. Kishor Babula Pardeshi, 2005 (12) SCC 23 has observed that convenience of the wife is to be preferred over the convenience of the husband. Further, Hon'ble Apex Court in the matter of Sumita Singh Vs. Kumar Sanjay and another, 2001 (10) SCC 41 has observed that if the husband files a suit against wife, then convenience of the wife must be looked into. 7. Considering the facts and circumstances of the case, the settled law that in matrimonial cases, convenience of the wife has to be prioritised in a petition for transfer of case and that proceedings under Section 9 of the Hindu Marriage Act filed by the applicant are also pending before the Family Court, Baikunthpur; the transfer petition is allowed. Civil Suit No.92-A/2022 pending before the Family Court, Surajpur is hereby withdrawn and transferred to the Family Court, Baikunthpur, for hearing and disposal in accordance with law. The Judge, Family Court, Surajpur is directed to transfer the record of the above case to the Family Court, Baikunthpur, forthwith. Parties to appear before the Family Court, Baikunthpur on 2nd May, 2024.