P.P. Bhatt, J. - (1.) PETITIONER by way of filing the present petition has prayed for transfer of T(M) S No. 65 of 2012, filed under Section 9 of the Hindu Marriage Act, 1955, which is pending in the Court of learned Principal Judge, Family Court, Dhanbad, to the Court of learned Principal Judge, Family Court, Jamshedpur. Heard the learned Counsel for the petitioner as well as opposite party and perused the material placed on record.
(2.) IT appears that the matrimonial case has been filed under Section 9 of the Hindu Marriage Act, 1955 by the opposite party at Dhanbad. Petitioner -wife is residing at Jamshedpur having small child aged about two years. Father of the petitioner is also about seventy years and is a patient of high blood pressure and therefore, looking to the distance between the Jamshedpur and Dhanbad, it is difficult for the petitioner -wife to attend the court proceeding at Dhanbad. The learned Counsel appearing for the opposite party, while referring the counter -affidavit filed by the opposite party, tried to justify his case for retention of the matter in Dhanbad.
(3.) HAVING regard to the facts and circumstances of the case and also considering the comparative hardship of the parties, this Court is of the view that it would be just and proper in the interest of justice to transfer the case from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Jamshedpur.;