- (1.) PRESENT petition has been filed under Section 24 of the Code of Civil Procedure seeking transfer of Matrimonial Case No. 112/2008 pending in the Court of learned Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Bokaro, where the present petitioner is residing.
(2.) HEARD the learned counsels for the petitioner as well as opposite party and perused the material on record. On perusal of the same, it transpires that the petitioner is having one baby aged about one-year at the time of filing of this petition and the old aged father suffering from heart disease. There is no male member in the family to accompany her in a court proceeding. Distance between Ranchi and Bokaro is about 100 Kms. Opposite party-husband has filed Matrimonial Case No. 112/2008 in the Court of learned Principal Judge, Family Court, Ranchi. It appears that the husband is at present residing in Bombay and in any case, he will have to come to attend his case at Ranchi and therefore, considering the question of hardship, this Court is of the view that comparatively hardship is likely to be caused more to the petitioner-lady who is residing at Bokaro in attending the court at Ranchi vis-a-vis the hardship which may likely to be caused to the husband in attending the Family Court at Bokaro. The learned counsel for the petitioner has relied upon the Judgment of the Hon'ble Apex Court in the case of Sumita Singh versus Kumar Sanjay, reported in (2001) 10 SCC 41, in para-3 as follows:- "3. It is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute." and also in the case of Lalita A. Ranga versus Ajay Champalal Ranga, reported in (2000) 9 SCC 355, in para-1 the Hon'ble Apex Court held as follows: "1............Hence, having heard learned counsel for the petitioner and in the facts and circumstances of this case we deem it fit to grant this transfer petition looking to the difficulties faced by the petitioner wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time."
(3.) IN view of above facts and circumstances and judicial pronouncements, this petition is allowed. Accordingly, proceedings of Matrimonial Case No. 112/2008 pending in the Court of learned Principal Judge, Family Court, Ranchi is ordered to be transferred to the Court of learned Principal Judge, Family Court, Bokaro. Looking to the nature of dispute, parties may explore the possibility of conciliation/ mediation and the learned Principal Judge, Family Court, Bokaro shall make necessary arrangement for that purpose. Learned counsel for the opposite party submitted that the court- below be directed to consider and decide this case expeditiously within stipulated time frame, but such direction cannot be issued by this Court at this juncture, as the parties have opportunity to request the court-below for this purpose. As and when, such request is made, the court-below may decide the same considering the urgency and other circumstances, which may warrant expeditious disposal of the case. With the aforesaid observation and direction, this petition is allowed.;