SULOCHNA Vs. MANOJ KUMAR

JUDGEMENT

(1.) In all these cases, the transfer applications have been moved by the petitioner-wife, who seek transfer of case filed by her husband under the various Sections of the Hindu Marriage Act, 1955 to the place where the petitioner-wife is residing, by invoking Section 24 of the Code of Civil Procedure, 1908.

(2.) Petitioners in different transfer applications have raised several grounds in common for seeking transfer of the case. Essentially, the wife prays that as she has very young child/children and no one else to care of them, it becomes difficult for her to attend the case along with children to the place where her husband has filed the case under the Act of 1955. In some cases, the petitioner-wife has raised a grievance that she is single and lives with her old aged parents and has serious apprehension of being alone to attend the case at different town/city and therefore seeks transfer. In some of the cases, it has also been urged that there are cases preferred by her in the district/city/town where she is residing against her husband under Section 125 Cr.P.C. or under Section 13 of the Act of 1955 or under Domestic Violence Act. In such cases, she therefore, submits that the husband has, with a purpose to harass her, filed a separate case under the Act of 1955 in another district or city or town, and it would be difficult for her to attend different courts and produce witnesses in her defence and therefore seeks transfer.

(3.) In some cases, the wife has also raised grievance regarding her working at a particular place, where she is residing and therefore seeks transfer. The grounds raised as above for transfer of matrimonial matter has been time and again accepted as valid and justified grounds for transfer of case to the place where the wife is residing by this Court as well as by Supreme Court in Sumita Singh Vs. Kumar Sanjay & Ors., reported in (2001) 10 SCC 41; Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition (Civil) No.622/2007 decided by Supreme Court on 10.11.2008] ; Manju Varma Vs.State of U.P. and Ors. [Civil Appeal No. 8290 of 2002 decided by the Supreme Court on 17.11.2004] and ; Arti Rani @ Pinki Devi Vs. Dharmendra Kumar Gupta, reported in (2008) 9 SCC 353.