Partitioned suit for divorce transferred from Ranchi to Bokaro Family Court under Section 24 CPC as petitioner faced difficulty due to father's residence and distance from Ranchi.
M.T.S. No. 305/2014 transferred from Ranchi to Bokaro Family Court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (C) No. 35 of 2014
Archana Kumari
… Petitioner
-V e r s u s -
Satish Sharma
... Opposite Party
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Appellants : Mr. Mukesh Kumar, Advocate. For the Respondent: xxx
06/14.09.2015 This petition has been filed under Section 24 of the Civil Procedure Code with a prayer to transfer M.T.S. No. 305/ 2014 from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Bokaro.
It is submitted that opposite party has filed Suit for divorce on false and frivolous ground. The petitioner shall suffer inconvenience in attending Court at Ranchi from Bokaro because she is fully dependent on her father who is a retired old person, her brothers are residing far away from the State of Jharkhand.
Nobody appears on behalf of the opposite party though notices issued against him have validly been served.
Considering the ground taken in the Transfer Petition, I feel inclined to recall M.T.S. No. 305/ 2014 from the Court of Principal Judge, Family Court, Ranchi and the same stands transferred to the Court of Principal Judge, Family Court, Bokaro. It is made clear that the learned Principal Judge, Family Court, Bokaro, after receipt of the case records, shall issue notices to the parties concerned so that they may appear to contest the suit. After proper service of notice, the Court shall be at liberty to proceed further expeditiously to dispose of the matter.
With the aforesaid observations and direction, this petition stands allowed.
RC/
1 issue framed by the court
Whether the transfer of matrimonial suit from Ranchi to Bokaro Family Court is warranted due to petitioner's dependency and difficulty in attending Ranchi hearings.
1 provisions across 1 enactments
Archana Kumari
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
