Judgment:
Amareshwar Sahay, J.
1. Heard the counsel for the parties.
2. By filing the instant application, the petitioner has prayed for transfer of Matrimonial Title Suit No. 29/2009 filed by the opposite party, from the Court of Principal Judge, Family Court at Ranchi to the Court of Principal Judge, Family Court, Singhbhum (East) at Jamshedpur.
3. The opposite party, who is the husband of the petitioner, filed the above Matrimonial Title Suit for a Decree for Divorce against the petitioner on different grounds.
4. On the other hand, the petitioner alleges that her husband has filed the Matrimonial Divorce Suit only in order to save his skin from the criminal case filed by her under Section 498A, 313 I.P.C. and Section 3/4 of Dowry Prohibition Act. He (husband) being an employee of News Paper 'Prabhat Khabar', taking the undue advantage of his position, he is extending threats to her.
5. It is further stated that her father is already dead and her marriage was solemnised by her brother and she is living at Ghatshila and, therefore, it is very difficult for her to cover such a long distance and to attend the Court Matrimonial Case at Rancid since there is no one in her family who can accompany her to Ranchi from Ghatshila. She also apprehends danger of her life at the hands of her husband if she goes to contest the case at Ranchi. Accordingly, prayer has been made by the petitioner to transfer the Matrimonial Case filed by her husband ton the Court of Principal Judge, Family Court, Jamshedpur.
6. A counter affidavit has been filed by the opposite party - husband, controverting the claim of the petitioner for transfer of the case.
7. By citing a decision of the Supreme Court in the case of Kulwinder Kaur alias Kulwinder Gurcharan Singh v. Kandi Friends Education Trust and Ors. reported in : (2008) 3 SCC 659, Mr. Sanjeev Kumar Mishra, learned Counsel appearing for the opposite party submitted that the powers under Sections 24 and 25 of the C.P.C. has to be exercised with due care, caution and satisfaction. He further submitted that in view of the aforesaid decision of the Supreme Court, the power of transfer can be exercised after considering the balance of convenience or inconvenience of the parties, place of trial having regard to the nature of evidence on the points involved in the suit. issues raised by the parties and reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending.
8. He further submitted that the petition filed by petitioner under Section 24 of the C.P.C. is not maintainable Since Section 24 of the C.P.C. is not applicable in the facts and circumstances of the case and as a matter of fact, if at all Section 22 of C.P.C. may applicable and accordingly, he submitted that this petition for transfer is liable to be rejected.
9. Lastly he submitted that since the case is fixed for evidence for framing of issues and as such, it is not the proper stage to transfer the case.
10. The second submission of the opposite party regarding applicability of Section 22 or 21 of C.P.C., it is relevant to note both the provisions of C.P.C., which are quoted hereunder:
Section 22:- Power to transfer suits which may be instituted in more than one Court:
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court o which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
Section 24:- General Power of transfer and withdrawal:
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage -
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and
(i) try to dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under Sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in. the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this Section-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) 'proceeding' includes a proceeding for the execution of a decree or order.
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this Section from a Court which has no jurisdiction to try it.
11. From a bare perusal oil Section 24 of CPC, it appears that it confers comprehensive powers upon the Courts hearing the Suit or any proceeding at any stage either on application made by any of the parties or suomotu. Such power of transfer can be exercised by the High Court to transfer a Suit, appeal or any other proceedings pending in a Court subordinate to it, to any competent Court to try and dispose the same within the State.
12. Similarly, the District Court also can exercise such powers to transfer a Suit, appeal or other proceeding from a Court subordinate to it to any other competent Court to try subordinate Court within his jurisdiction.
13. Sub-section (1)(b)(ii) of Section 34 clearly envisages that the High Court of the District Court may withdraw any Suit, appeal or any other proceedings pending in any Court subordinate to it and transfer the same for trial or disposal to any Court subordinate to it and dispose of the same. Therefore, the present petition for transfer in the present case, is maintainable and Section 24 is applicable in this case.
14. The decision of the Supreme Court cited by the opposite party in the case of Kulwinder Kaur alias Kulwinder Gurcharan Singh v. Kandi Friends Education Trust and Ors. (Supra), is regarding transfer of a general case whereas, the Supreme Court, while specifically dealing with the Suit relating to Matrimonial dispute, has clearly held that in such cases, the convenience of wife has to be looked at. Reference in this case may be made to the case of Sumita Singh v. Kumar Sanjay and Anr. reported in : AIR 2002 SC 396' to substantiate that wife's convenient has to be looked into.
15. In the present case it is not disputed that the petitioner is residing at Ghatshila with her brother as hex father has already deed and she has no independent source of income and, therefore, it is difficult for her to travel all the way from Ghatshila to Ranchi to contest the case at Rachi filed against her by her husband/opposite party.
16. The interest of justice demands that the Matrimonial Suit filed by her husband be transferred to the competent Court at Jamshedpur
17. Considering the facts stated above and the submissions made on behalf of the parties as well as relying on the decision of the Supreme Court, in the case of Sumita Singh (Supra), this application is allowed. The Matrimonial Title Suit No. 29/2009 filed by the opposite party is hereby ordered to be transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Singhbhum (East) at Jamshedpur. The Principal Judge, Family Court, Ranchi is directed to send the records of Matrimonial Title Suit NO, 29/2009 filed by the opposite party to the Court of Principal Judge, Family Court, singhbhum (East) at Jamshedpur forthwith.