Pinki Kumari @ Pinki Devi vs Amrit Kumar

Heard learned counsel for the petitioner, Mr. Manoj Kumar Choubey.

Despite valid service of notice through ordinary process personally received by the opposite party, he did not enter appearance and the matter was adjourned successively on 19th June, 2020 and 10th July, 2020 to enable him to enter appearance. However, opposite party still remains unrepresented.

Petitioner has sought transfer of Original Suit No. 435 of 2019 instituted under Section 9 of Hindu Marriage Act, 1955 from the Court of learned Principal Judge, Bokaro to learned Principal Judge, Family Court, Hazaribagh. Marriage between the parties was solemnized on 18th May, 2013 as per Hindu Rites & Customs. Out of their wed-lock, three female children and one male child have been born and all are residing with the petitioner-wife. Due to frequent ill-treatment, petitioner left for her parental house, where she is living for more than a year. Opposite party has thereafter instituted the suit for restitution of Conjugal Rights before learned Family Court, Bokaro. It is submitted that Petitioner has always been willing and ready to go to the matrimonial house, but the opposite party has not shown any real intent. In these circumstances, petitioner is facing serious difficulties in attending the proceedings of the original suit at Bokaro with four minor children aged between 6 years to 1 year. If the suit is not transferred to learned Family Court, Hazaribagh, it may remain uncontested, as petitioner does not have any independent source of income and otherwise also it is onerous for her to travel to Bokaro on each dates with four minor children. It is submitted by learned counsel for the petitioner that opposite party is not showing any interest in contesting the present transfer petition also, which shows his indifference to the matrimonial relationship. Therefore, the suit may be transferred. There is no opposition to the prayer since opposite party has not entered appearance despite valid service of notice and repeated adjournments.

In the facts and circumstances noted above and upon consideration of the submission of learned counsel for the petitioner, this Court is of the view that it would be proper that Original Suit no.435 of 2019 be transferred from the Court of learned Principal Judge, Bokaro to learned Principal Judge, Family Court, Hazaribagh since petitioner being a lady with no independent sources of income and having four minor children, may not be able to properly attend the proceedings of the suit at Bokaro.

Let the records of Original Suit No. 435 of 2019 be transmitted to the learned Family Court, Hazairbagh from the learned Principal Judge, Family Court, Bokaro without any delay.

The instant application stands allowed.

Interim order stands vacated.