1. Heard learned counsel for the petitioner Mr. Suraj Singh and Mr. Kripa Shankar Nanda, learned counsel for the opposite party.
2. Petitioner seeks transfer of Original Suit No. 658/2019 instituted by the opposite party herein, from the Court of learned Principal Judge, Family
Court, Ranchi to the Court of learned Principal Judge, Family Court, Bokaro.
3. In the plaint annexed to the supplementary affidavit dated 16.12.2019, the opposite party herein averred that their marriage was solemnized on
07.07.2019 by concealing the previous marriage of the Respondent / petitioner herein with one Deepak Kumar Singh registered under the Special
Marriage Act before the Marriage Officer, Purulia on 28.04.2017 with whom she had consummated the marriage. On the basis of this and other
pleadings, the opposite party herein approached the learned Family Court to declare his marriage with the Respondent / petitioner herein as null and
void having been performed by practicing fraud.
4. In the present petition, petitioner has taken a plea that the instant suit be transferred to the learned Family Court, Bokaro as he had come to know
the real intention of Deepak Kumar Singh that he was already married with one Asmita Singh prior to their registration of marriage on 28.04.2017, out
of which, he had a son also born out of the wedlock. She further states that the petitioner and Deepak Kumar Singh agreed that she will be free to
solemnize marriage as their marriage was a misnomer and sham in the eye of law. Thereafter, her marriage with the opposite party was solemnized
on 07.07.2019 at Rajgir, whereafter she came to Doranda, Ranchi. Allegation of demand and payment of dowry has also been made. She also states
that she had gone to Bangalore on 13.07.2019 and then to Goa for celebrating their marriage. Her birthday was celebrated at Ranchi on 11.09.2019.
He returned with an assurance that she will be taken back to Bangalore, but he did not come back. Thereafter, she has received summons issued by
the learned Family Court, Ranchi in Original Suit No. 658/2019 instituted by the opposite party. She further states that Deepak Kumar Singh has filed
Original Suit No. 442/2019 under section 9 of Hindu Marriage Act, 1955 against the petitioner herein for restitution of conjugal rights. She in turn has
filed Original Suit No. 520/2019 under section 24 read with section 4(a) of Special Marriage Act for declaring her marriage with Deepak Kumar Singh
dated 28.04.2017 as null and void and under section 11 of the Hindu Marriage Act further for declaration of her marriage with the opposite party
herein on 07.07.2019 as valid and legal (Annexure-2). She further states that she is unemployed and fully dependent on her father and is unable to
attend the Original Suit No. 658/2019 filed before the learned Family Court, Ranchi. Therefore, it should be transferred to the counterpart Family
Court at Bokaro.
5. Mr. Kripa Shankar Nanda, learned counsel appearing on behalf of opposite party, submits that opposite party has later on discovered fraud
practiced upon him regarding subsistence of her previous marriage with Deepak Kumar Singh while entering into the wedlock with this opposite party
on 07.07.2019. This fact has been admitted by her at para-6 in the written statement filed before the learned Family Court, Ranchi in the present Suit
(Annexure-1 to the reply). Learned counsel for the opposite party submits that the petitioner has created a wholly unforeseen situation by asking for
declaration of her marriage with Deepak Kumar Singh as null and void before the learned Family Court, Bokaro and also prayed for declaration of her
marriage with this opposite party as valid and proper in the eye of law. Since her marriage with Deepak Kumar Singh under the Special Marriage Act
performed on 28.04.2017 existed as on the date of her marriage with this opposite party on 07.07.2019, subsequent marriage cannot be declared to be
valid in the eye of law. Petitioner is pursuing a different cause of action against Deepak Kumar Singh before the learned Family Court, Bokaro in
which this opposite party has unnecessarily been dragged by making a prayer for declaration of her marriage with this opposite party as legal and
valid. In the present suit instituted by the opposite party before the learned Family Court, Ranchi, he has prayed for declaration of his marriage with
the petitioner as null and void on the basis of undisputed facts borne from the record. In those circumstances, neither is the conduct of the petitioner
bonafide, nor is there any basis or occasion for the Original Suit No. 658/2019 before the learned Family Court, Ranchi to be transferred to the learned
Family Court, Bokaro where she is pursuing a separate litigation with Deepak Kumar Singh with whom she had performed marriage under Special
Marriage Act on 28.04.2017. Opposite party is a scientist in Biocon Limited at Bangalore and having done Ph.d in Biotechnology from B.I.T, Mesra.
It would not be practically feasible for him to attend the proceedings at Bokaro, if the instant suit is transferred there, neither will it serve the interest
of justice, in the light of the facts and circumstances and conduct of the petitioner. It would subject the opposite party to unnecessary harassment in
pursuing the bonafide litigation. Therefore, prayer is fit to be rejected.
6. I have considered the submissions of learned counsel for the parties and taken note of the peculiar facts and circumstances thrown up in this
litigation. Evidently, petitioner is fighting litigation with one Deepak Kumar Singh with whom she is married under the Special Marriage Act performed
on 28.04.2017 in Original Suit No. 520/2019 pending before the learned Family Court, Bokaro. Deepak Kumar Singh has also filed a suit under section
9 of the Act of 1955 for restitution of his conjugal right with this petitioner. On the other hand, opposite party herein who performed marriage with the
petitioner on 07.07.2019, having discovered the alleged acts of suppression of the previous marriage on the part of the petitioner, is pursuing this
litigation for declaration of his marriage with the petitioner as null and void in the instant Original Suit No. 658/2019 before the learned Family Court,
Ranchi. In these circumstances, transfer of the Original Suit No. 658/2019 from the learned Family Court, Ranchi to the learned Family Court, Bokaro
when there are two separate litigations with separate cause of action, would not serve the interest of justice. Bokaro and Ranchi are not separated by
long distance. This Court is, therefore, not convinced either with the argument of inconvenience made on the part of the petitioner for seeking transfer
of this suit from Ranchi to Bokaro. Having regard to the aforesaid facts and circumstances and discussions made herein above, this Court does not
find any reason or purpose in transferring the Original Suit No. 658/2019 from the learned Family Court, Ranchi to the learned Family Court, Bokaro.
Instant petition is accordingly dismissed. I.A. No. 11441/2019 stands closed.
