Tumpa Chakraborty vs Md. Akil Alam

Heard learned counsel for the parties.

Petitioner wife is seeking transfer of Original Suit No.62/2020 instituted under Section 22 of the Special Marriage Act, 1954 by the opposite party husband from the court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Deoghar. Marriage between the parties was solemnized on 4 th August 2015 as per certificate no.158/2015 issued by the Registrar of Marriages, Dhanbad. Parties have been living separately since October 2015. It is the contention of the petitioner that after the award of maintenance @ Rs.8,000/- per month by learned Family Court, Deoghar in a proceeding under Section 125 Cr.P.C. in Original Maintenance Case No.220 of 2018 vide order dated 5 th December 2019 and upon institution of the Enforcement Case on 14 th February 2020 presently pending before the learned Family Court, Deoghar, the instant Suit has been instituted with false and frivolous allegations before the learned Family Court, Dhanbad for restitution of conjugal rights. Petitioner has no independent source of income and is fully dependent upon her old ailing father who has no source of income. It may be difficult for her to attend the proceedings at Dhanbad and she apprehends threat to her life also. Therefore, the Suit may be transferred to Deoghar.

Learned counsel for the opposite party has opposed the prayer. It is submitted that the opposite party is employed in a private job. He may not be able to get leave to attend the proceedings, if it is transferred to Deoghar. He is likely to lose his job, if he has to take regular leave to prosecute the case at Deoghar. Consequentially, he may not be able to take care of his elder parents and the petitioner may not get the maintenance awarded in her favour. Opposite party is ready to provide the travel expenses to Dhanbad to the petitioner.

Learned counsel for the petitioner submits that in a family court proceeding it is not necessary for the opposite party to attend to the case on every date, in case he has engaged a counsel. Even otherwise, Deoghar is not far off from Dhanbad and the opposite party is an earning member, whereas the petitioner has no source of income and is a lady. Therefore, the Suit may be transferred to Deoghar.

I have considered the submissions of learned counsel for the parties and taken note of the rival plea raised by them.

Having regard to the fact that the petitioner has no independent source of income and being a lady, she might have genuine difficulty in attending the proceedings at Dhanbad, whereas opposite party husband being an earning member, may not have such inconvenience or difficulty in prosecuting the case at Deoghar, I am inclined to allow this application. Accordingly, let Original Suit No.62/2020 be transferred from the court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Deoghar without any delay. The instant petition stands allowed.