Aparesh Kumar Singh,J. - (1.) Mediation has failed as per the report at Flag-B bearing letter no. 344 dated 24.02.2020 submitted by learned Mediator, JHALSA despite best efforts and endeavours of the parties.
(2.) Petitioner wife seeks transfer of Original Suit No. 158 of 2018, instituted by the opposite party husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, from the court of learned Principal Judge, Family Court Dumka to the Court of learned Principal Judge, Family Court, Sahibganj for the reasons and circumstances explained in the instant petition inter alia as follows: After the parties entered into marriage on 05.12.2011 as per Hindu rites and customs, they were blessed with a male child, now aged 5 years living with the petitioner mother and studying in Class-K.G-I at St. Xavier School, Sahibganj. Because of marital discord petitioner had to leave her matrimonial home. A criminal case was instituted at Sahibganj against the husband and his relatives being Boreo P.S. Case No. 165 of 2017 under Section 323/341/504/498(A) /34 of the I.P.C and section 3/4 of the D.P. Act in which charge-sheet has been submitted. Petitioner has reasons to resist the prayer for restitution of conjugal rights. Her son is studying at Sahibganj and she is employed as Assistant Manager in IDBI Bank at Sahibganj. It is onerous and inconvenience for her to attend the proceedings at the Family Court, Dumka as the two towns are separated by a distance of 150 Km. Besides that, her son is too young and it is difficult to leave him often for attending the suit at Dumka. Therefore, the suit may be transferred in the interest of justice.
(3.) Learned counsel for the opposite party husband has strongly opposed the prayer. It is submitted that a prayer for restitution of conjugal rights has been made bona fide by the husband before the learned Family Court at Dumka, since the petitioner is not willing to come back to the matrimonial home without any reasonable cause. Husband has also been implicated along with his family members in a criminal case in Sahibganj District. Petitioner has put forth untenable grounds for transfer of the suit to Sahibganj. She is well employed in a Bank and has sufficient source of income and exposure in that capacity to attend the proceedings at Dumka. In fact the husband would face inconvenience if the suit is transferred without any genuine grounds made out on her behalf.;