NIMISHA PALLAVI Vs. SASHI KUMAR

JUDGEMENT

(1.) Mediation has failed as per the report at Flag-B bearing letter no. 344 dated 24.02.2020 submitted by learned Mediator, JHALSA despite best efforts and endeavours of the parties.

(2.) Petitioner wife seeks transfer of Original Suit No. 158 of 2018, instituted by the opposite party husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, from the court of learned Principal Judge, Family Court Dumka to the Court of learned Principal Judge, Family Court, Sahibganj for the reasons and circumstances explained in the instant petition inter alia as follows:

(3.) Learned counsel for the opposite party husband has strongly opposed the prayer. It is submitted that a prayer for restitution of conjugal rights has been made bona fide by the husband before the learned Family Court at Dumka, since the petitioner is not willing to come back to the matrimonial home without any reasonable cause. Husband has also been implicated along with his family members in a criminal case in Sahibganj District. Petitioner has put forth untenable grounds for transfer of the suit to Sahibganj. She is well employed in a Bank and has sufficient source of income and exposure in that capacity to attend the proceedings at Dumka. In fact the husband would face inconvenience if the suit is transferred without any genuine grounds made out on her behalf.