RASHMI SRIVASTAVA Vs. KAMAL KISHORE SRIVASTAVA

JUDGEMENT

(1.) IN this petition, the Petitioner has prayed for transfer of Matrimonial Title Suit No. 01 of 2008 from the court of District Judge, Simdega to the court of Principal Judge, Family Court at Ranchi.

(2.) IT has been stated that the opposite party is the husband. He filed Matrimonial Title Suit No. 01/2008 in the court of District Judge, Simdega seeking decree of divorce. The Petitioner was earlier driven out from her matrimonial home by the opposite party and she has been living at Ranchi with her parents. Petitioner has a small baby and there is nobody to look after the baby. Another suit filed for restitution of conjugal right being MTS No. 70 of 2009 is pending in the court of Principal Judge, Family Court, Ranchi where the opposite party has appeared and engaged his counsel. Distance of Simdega from Ranchi is about 170 K.M. and it is not possible for the Petitioner to undertake journey alone with the baby. There is No. male member to accompany her to Simdega. Under the said circumstances the Petitioner has prayed for transfer of MTS No. 01/2008 from District Judge, Simdega to Principal Judge, Family Court, Ranchi. It has been submitted that the opposite party has already engaged his counsel and has been defending M.T.S. No. 70 of 2009 at Ranchi and it will not be inconvenient for him, if the T.S. No. 01 of 2008 is also transferred to the court of Principal Judge, Family Court, Ranchi.

(3.) LEARNED Counsel for the Petitioner submitted that since the opposite party has appeared and is contesting on suit at Ranchi, there will be No. difficulty for him in pursuing the said Matrimonial Title Suit filed by him, whereas the Petitioner is a lonely lady and she has a small baby, it is very difficult for her to defend the case at Simdega.