Arti Rani Alias Pinki Devi And Another Petitioners/ v. Dharmendra Kumar Gupta .

Factual and Procedural Background

The opinion concerns an application seeking transfer of Matrimonial (TS) Case No. 1 of 2006, titled Dharmendra Kumar Gupta v. Arti Devi, from the Court of the District Judge, Palamu at Daltonganj (Jharkhand) to the Family Court at Patna (Bihar). The petitioner—Arti Devi—is presently residing in Patna with her minor son. Counsel for both parties entered appearance, establishing service of notice. The Supreme Court was asked to decide whether the pending matrimonial proceedings should be transferred for the petitioner’s convenience.

Legal Issues Presented

1. Whether the matrimonial proceeding pending in Palamu, Jharkhand, should be transferred to the Family Court at Patna, Bihar, in light of the petitioner’s stated difficulties in attending hearings at the original venue.

Arguments of the Parties

Petitioner’s Arguments

• The petitioner is a woman caring for a minor male child.
• The distance between Palamu (Jharkhand) and Patna (Bihar) imposes substantial hardship, making it difficult for her to attend court hearings in Palamu.

Respondent’s Arguments

The opinion does not record any specific arguments advanced by the respondent.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court weighed the practical hardship asserted by the petitioner against any countervailing considerations. Emphasising the following factors, it concluded that a transfer was justified:

• The petitioner’s status as a woman solely tending to a minor child.
• The considerable geographical distance between Palamu and Patna, which would impede her ability to participate effectively in the proceedings.

Finding these circumstances sufficient, the Court exercised its discretionary power to order transfer of the case to a more convenient forum.

Holding and Implications

The application for transfer is allowed. The matrimonial case is ordered to be transferred from the Court of the District Judge, Palamu at Daltonganj (Jharkhand) to the Family Court at Patna (Bihar). The District Judge at Palamu is directed to transmit the records within six weeks of receiving a copy of the order. No order as to costs is made.

Implications: The ruling affords immediate procedural relief to the petitioner, enabling her to litigate in her place of residence. The order does not establish a new legal precedent but reiterates the Court’s willingness to transfer matrimonial proceedings when significant hardship to a spouse is demonstrated.