HARI SHANKAR PRASAD, J. - (1.) HEARD the learned counsel for the parties.
(2.) THIS is an application under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Title Suit No. 64 of 1998 from the jurisdiction of Court of 2nd Additional District Judge, Koderma to the Family Court at Hazaribagh. The matrimonial Title Suit No. 64 of 1998 has been filed by the opposite party, who is the husband of the petitioner, under Section 13 of the Hindu Marriage Act, 1955. It was initially filed at Hazaribagh but with the creation of Court of Additional District Judge at Koderma the case was transferred to the 2nd Additional District Judge, Koderma. Now the petitioner, who is respondent in that matrimonial title suit has filed for transfer of the case from the Court of 2nd Additional District Judge, Koderma to the Family Court at Hazaribagh on the ground that there is a Family Court created specially for the purpose of taking such cases relating to Family matters and further that financial status of the family is not so sound as to remain present on each and every date in the Court which is situated at a distance of about 72 -75 kilometres away from the place of residence of the petitioner. She has got no elderly male members to accompany her to the Court at Koderma.
(3.) IN this connection, learned counsel appearing for the petitioner has sited AIR 2002 SC 396, wherein it has been held that convenience of wife must be considered while considering such petition and on the other hand, learned counsel appearing for the opposite party submitted that the aforesaid case law is based on three factors, such as : 1. Wife is working in Delhi. 2. She has no male member to accompany her from Delhi to Bhojpur which is at a distance of about more than thousand kilometres. 3. Her parents live at Gurgaon which is a place nearer to Delhi and therefore, all these facts were considered while allowing the petition of transfer from Bhojpur to Delhi in the case.;