ANJANI KUMARI Vs. ARJUN KUMAR JAISWAL

JUDGEMENT

(1.) Petitioner wife has sought transfer of Original Suit No. 68 of 2018 instituted by the opposite party husband on the ground of desertion, from the court of learned Principal Judge, Family Court, Palamau at Daltonganj to the court of learned District and Sessions Judge cum designated Family Court, Khunti.

(2.) It is submitted by learned counsel for the petitioner that marriage between the parties was registered on 27.05.2013 and thereafter a female child was born out of the wedlock on 15.03.2014. On the ground of desertion a suit for divorce was instituted before the Family Court, Palamau at Daltonganj. Petitioner wife with a minor child is residing at Khunti at her paternal house, since she has not been treated well. She is a poor lady with no independent source of income and travelling from Khunti to Palamau to attend the proceedings of the suit on each date is onerous and expensive as also unsafe for her. Therefore, she has prayed for transfer of the suit to Khunti.

(3.) Learned counsel for the opposite party husband has opposed the prayer. He has made efforts to take this Court to the merits of the allegation in the plaint of the original suit alleging that the wife has deliberately left the matrimonial house without any reasonable excuse and is now resisting the divorce on one or the other ground. Opposite party has not been allowed to meet his daughter or stay at the paternal house of the petitioner whenever he has made attempt. The original suit for restitution of conjugal rights was earlier filed in 2016 in which compromise took place but even after living with her husband for some days, petitioner wife again went to her paternal house with her brother and registered a false case under Section 498A of the I.P.C and other sections. Despite all efforts to bring her back, she has shown little willingness to come. Husband has also filed a complaint case, which has been sent to the Police Station under Section 156(3) Cr.P.C. for institution of the F.I.R. Therefore, prayer for transfer of the suit has been strongly opposed.