- (1.) PRESENT petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Guardianship Case No. 22/2010 from the Court of learned Principal Judge, Family Court, Jamshedpur to the Court of learned Principal Judge, Jamtara.
(2.) LEARNED counsel for the petitioner submitted that earlier also Matrimonial Suit No. 278/09 has been ordered to be transferred from the Court of learned Principal Judge, Family Court, Jamshedpur to the Court of learned Principal Judge, Jamtara vide order dated 7.1.2011, passed in Transfer Petition (Civil) No. 10/2010. It is further submitted that petitioner is having one minor son, aged about four years and she has to look after her minor son as well as old-aged parents and therefore, she is feeling inconvenience in pursuing the matter at Jamshedpur. Moreover, she has no independent source of income. It is further submitted that the distance between Jamtara and Jamshedpur is about 300 kms. and therefore, she is facing difficulty and hardship in attending the court proceeding and hence, it is prayed that proceedings may be transferred to the Court of learned Principal Judge, Jamtara. As against that, learned counsel for the opposite party-husband submitted that the opposite party-husband is ready and willing to keep the petitioner-wife but because of her adamant approach, amicable settlement could not be arrived at. It is further submitted that opposite party-husband is also facing difficulty on account of his mother's illness. It is also submitted that mother of the opposite party-husband was hospitalized and at present, she is under treatment and the opposite party has to look after his mother. It is further submitted that opposite party is a Homeopathic Doctor by profession and also a part-time lecturer, therefore, he will have to face difficulty and hardship in attending the court proceeding, if the case is transferred to the Court of learned Principal Judge, Jamtara as the distance between Jamshedpur and Jamtara is about 300 kms. Considering the aforesaid rival submissions and on perusal of the papers, it appears that matrimonial disputes are going on between the petitioner-wife and respondent-husband and 4-5 different nature of cases are instituted against each other. It also appears that Transfer Petition (Civil) No. 10/2010 was filed, inter alia, praying for transfer of Matrimonial Suit No. 278/09 and after careful consideration of the facts and circumstances involved in the matter, this Court was pleased to transfer the proceedings of Matrimonial Suit No. 278/09 to the Court of learned Principal Judge/ Competent Court, Jamtara. Present petition has arisen out of Guardianship Case No. 22/2010 filed by the opposite party-husband in the Court of learned Principal Judge, Family Court, Jamshedpur. The distance between Jamshedpur and Jamtara is about 300 kms. Petitioner-wife is having responsibility to maintain and look after her minor son, aged about four years as also the old-aged parents and therefore, looking to the distance and other circumstances, as narrated in the application, this Court is of the view that petitioner will have to face comparatively more difficulty and hardship in attending the court proceedings at Jamshedpur vis-a-vis difficulties are likely to be faced by the opposite party-husband in attending the court proceedings at Jamtara. Under the circumstances, this petition is deserved to be allowed; hence, it is allowed.
(3.) LEARNED counsel for the opposite party requested that the proceedings of the Matrimonial Suit No. 278/09 and Guardianship Case No. 22/2010 may be ordered to be clubbed together and the court-below may be directed accordingly. Request made by the learned counsel for the opposite party appears to be reasonable as the opposite party-husband will have to travel from Jamshedpur to Jamtara for attending the proceedings. For the sake of convenience, it is desirable that these two proceedings ( Matrimonial Suit No. 278/09 and Guardianship Case No. 22/2010) be clubbed together. Learned counsel for the opposite party also prayed for passing an appropriate order that opposite party-husband may be allowed to meet his minor son. So far this request is concerned, it would not be appropriate to pass any order in this regard. For this purpose, opposite party will have to make an application before the court-below. As and when, such application is made, court-below shall decide the same in accordance with law. With the aforesaid observations and directions, this petition stands allowed and disposed of.;